CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Limitations of Expert Testimony
.........Improper Hearsay
 35 Cards On This Topic:
  • Limitations Sanchez placed on expert testimony concern case-specific information an expert relates to a jury, not materials upon which the expert relies.
  • Any Sanchez error based on experts' reliance on co-D's jailhouse statements regarding the meaning of D's tattoos was harmless.
  • Hearsay testimony D was a member of a gang harmless where jury would have learned that from other evidence.
  • Sanchez error harmless where other evidence established the requisite fact.
  • A gang enhancement must be proven by independently admissible evidence, not solely by the testimony of an expert who has no personal knowledge of facts otherwise necessary to satisfy the prosecution's burden.
  • Expert's testimony relating as true statements made to him by D was barred by Sanchez.
  • An autopsy report prepared by another which was not admitted into evidence under a hearsay exception cannot furnish the basis for an expert's opinion.
  • While defendant did not raise a confrontation clause objection to gang expert's testimony at the time of trial, claim was not forfeited because Sanchez had not yet been decided.
  • While gang expert's testimony regarding defendant's prior contacts with police amounted to testimonial hearsay under Sanchez, defendant failed to preserve Sanchez error by objecting.
  • Expert witness, a coroner, violated Sanchez when she testified to the case-specific statements of another coroner; error harmless.
  • During penalty phase of capital murder trial, opinion testimony of D's expert cannot rely on case-specific inadmissible hearsay.
  • Expert may not rely on case-specific hearsay in forming opinion.
  • Introduction of hearsay at a custody hearing not reversible error absent showing of prejudice.
  • That the trial court may have ••heard•• inadmissible case-specific hearsay, does not overcome the presumption it applied Sanchez and properly ignored such material.
  • An expert's testimony that his opinion had been reviewed and approved by a supervisor violates Sanchez.
  • The rule against the admission of case-specific hearsay via expert opinion stated in People v. Sanchez applied to a sexually violent predator probable cause commitment hearing.
  • Finding of probable cause in a sexually violent predator proceeding vacated where court allowed two experts to relate case-specific hearsay about an alleged sexual assault in violation of Sanchez.
  • Any Sanchez error was harmless where hearsay exception applied and content of text messages was independently proven through forensic cell phone reports.
  • Medical examiner's expert testimony regarding victim's cause of death did not violate Sanchez because an expert may rely on hearsay when forming an opinion, and may tell the jury in general terms that he did so.
  • The hearsay rule of Sanchez applies only prospectively and is not retroactive.
  • Gang expert's case-specific testimony barred by the confrontation clause and state law under Sanchez; error harmless.
  • Under Sanchez, an expert witness may not relate as true the case-specific content of documents which were neither admitted into evidence nor shown to be covered by a hearsay exception.
  • Sanchez precluded expert from relating case-specific hearsay facts about V's mental condition and aggressive behavior in hypothetical form.
  • The hearsay rule of Sanchez applies only prospectively and is not retroactive.
  • Gang enhancement reversed where evidence of defendant's gang membership was based entirely on expert testimony inadmissible under Sanchez.
  • Sanchez error where prosecution on cross-examination asked defendant's expert witness to treat case-specific testimonial hearsay in police and sheriff's reports as true; error harmless
  • Under Sanchez, the prosecution violated defendants' Sixth Amendment right to confrontation by introducing testimonial hearsay through a gang expert.
  • Gang expert's testimony regarding field investigation cards showing defendant associated with gang members was impermissible case-specific testimonial hearsay under Sanchez; error was prejudicial.
  • Under Sanchez, case-specific evidence considered by an expert must be properly admitted through an applicable hearsay exception or through an appropriate witness.
  • Because trial ct. committed prejudicial error in allowing DA's experts to testify to inadmissible hearsay contrary to Sanchez, finding that D is a sexually violent predator is reversed.
  • In public nuisance case, trial ct. erred in allowing expert witness to testify to case-specific hearsay to show gang created nuisance activity; error harmless as other competent evidence showed such activity.
  • Case-specific testimony of expert witness on gangs barred where it conveyed inadmissible hearsay; error was harmless.
  • Trial ct. committed prejudicial error when it allowed DA's expert witnesses to testify to contents of inflammatory and inadmissible hearsay evidence as the basis for their opinions.
  • May not use expert as guise to admit incompetent, inadmissible hearsay.
  • Improper use of hearsay by experts.


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