CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Opinion & Scientific Evidence
......Limitations of Expert Testimony
.........Inference Jury Qualified to Draw
7 Cards On This Topic:
  • Consciousness of guilt instructions proper where jury reasonably could find witness' changed statement and testimony were false and the result of pressure from D and his parents.
  • Trial ct. correctly allowed eyewitness identification expert to generally opine on factors that may effect eyewitness identification and correctly excluded testimony as to discrepancies in a specific witness' identification.
  • Reversible error to admit human resources expert’s opinion testimony that certain facts were "indicators" that Lab fired P for retaliatory reasons.
  • Proper to exclude D's expert testimony as to reasonableness of O's action in high speed chase resulting in death; CHP pursuit policy irrelevant to reasonable foreseeableness of O's actions.
  • If expert explains applicable principles so that jury is as qualified as expert to apply them to case facts, further expert testimony unnecessary.
  • Expert may properly testify re criminal habits and techniques, but not as inferences that jury is qualified to draw from evidence, e.g., whether D possessed drugs for sale.
  • Expert may not express opinion on jury issue.