Can a defense counsel refuse to give evidence to an expert on the grounds that his opinion is biased or incomplete?

California, United States of America


The following excerpt is from The People v. Grodio, E049237, No. INF059778 (Cal. App. 2010):

including the ground that his opinion was based on biased or incomplete information. (See Evid. Code, 721.) A competent defense counsel would turn over all reports in his or her possession to the expert for review. So long as the jury was properly instructed as to the limited purpose for which it could consider the statement as the basis of the expert's opinion, counsel effectively represented defendant in allowing the statements to be discussed in cross-examination. (People v. Morse (1969) 70 Cal.2d 711.)

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