CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Limitations of Expert Testimony
.........Improper Hearsay
 19 Cards On This Topic:
  • 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.
  • 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.


    •