What is the test for admissible evidence in a criminal case where an expert testified that there was no evidence of criminal wrongdoing?

California, United States of America


The following excerpt is from People v. Romo, 203 Cal.Rptr.3d 801, 248 Cal.App.4th 682 (Cal. App. 2016):

2 In light of our decision on this issue, we deem it unnecessary to address the People's alternate contentionwhich appears to have meritthat defendant forfeited his claim of alleged prosecutorial misconduct by his counsel's failure to object to the offending statements. (See People v. Panah (2005) 35 Cal.4th 395, 462, 25 Cal.Rptr.3d 672, 107 P.3d 790 [noting to preserve a claim of prosecutorial misconduct for appeal, a criminal defendant must make a timely objection, make known the basis of his [or her] objection, and ask the trial court to admonish the jury ].)

2 In light of our decision on this issue, we deem it unnecessary to address the People's alternate contentionwhich appears to have meritthat defendant forfeited his claim of alleged prosecutorial misconduct by his counsel's failure to object to the offending statements. (See People v. Panah (2005) 35 Cal.4th 395, 462, 25 Cal.Rptr.3d 672, 107 P.3d 790 [noting to preserve a claim of prosecutorial misconduct for appeal, a criminal defendant must make a timely objection, make known the basis of his [or her] objection, and ask the trial court to admonish the jury ].)

3 In formulating his or her opinion and relating it to the jury, it is well established that an expert may rely on hearsay evidence and, within the discretion of the trial court, even recite the hearsay statements verbatim. (People v. Valdez (1997) 58 Cal.App.4th 494, 509, 68 Cal.Rptr.2d 135.) Furthermore, [i]f the statement is received as proof of something other than the truth of the statement itself, it is not hearsay. (People v. Harvey (1991) 233 Cal.App.3d 1206, 1220, 285 Cal.Rptr. 158 [concluding trial court did not err in admitting into evidence pay-owe ledgers because they were admitted as circumstantial evidence of cocaine sales and conspiracy, not for the truth of their contents].)

3 In formulating his or her opinion and relating it to the jury, it is well established that an expert may rely on hearsay evidence and, within the discretion of the trial court, even recite the hearsay statements verbatim. (People v. Valdez (1997) 58 Cal.App.4th 494, 509, 68 Cal.Rptr.2d 135.) Furthermore, [i]f the statement is received as proof of something other than the truth of the statement itself, it is not hearsay. (People v. Harvey (1991) 233 Cal.App.3d 1206, 1220, 285 Cal.Rptr. 158 [concluding trial court did not err in admitting into evidence pay-owe ledgers because they were admitted as circumstantial evidence of cocaine sales and conspiracy, not for the truth of their contents].)

Other Questions


Does section 1101 of the California Evidence Code prohibit the admission of character or propensity evidence in a criminal case? (California, United States of America)
Is a defendant's past criminal convictions admissible as evidence of criminal misconduct? (California, United States of America)
What is the state of the law in relation to the admission of evidence in a criminal case of alleged criminal conspiracy? (California, United States of America)
Is evidence that a witness is afraid to testify or fears retaliation for testifying admissible? (California, United States of America)
Is evidence of past or present criminal acts listed in subdivision (e) of section 186.22 admissible to establish the alleged criminal street gang's primary activities? (California, United States of America)
Is evidence of prior criminal conduct admissible in criminal cases? (California, United States of America)
Does section 1101 of the California Evidence Code prohibit the admission of character or propensity evidence in a criminal case? (California, United States of America)
Is evidence of criminal history relevant and admissible in a criminal case? (California, United States of America)
Is evidence of criminal activity not charged in a criminal case admissible? (California, United States of America)
What is the effect of prior criminal convictions on evidence of criminal activity in criminal proceedings? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.