Does the trial court instruct the jury on the limited admissibility of statements relied on by Edinger, the expert who gave evidence at trial on the basis of an expert opinion?

California, United States of America


The following excerpt is from People v. Orona, G038233 (Cal. App. 6/18/2008), G038233 (Cal. App. 2008):

Moreover, the trial court instructed the jury on the limited admissibility of the statements relied on by Edinger. "Ordinarily, the use of a limiting instruction that matters on which an expert based his opinion are admitted only to show the basis of the opinion and not for the truth of the matter cures any hearsay problem involved, but in aggravated situations, where hearsay evidence is recited in detail, a limiting instruction may not remedy the problem. [Citations.]" (People v. Coleman (1985) 38 Cal.3d 69, 92.) Defendant has not shown this is an aggravated situation or that the instruction did not cure any hearsay problem.

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