California, United States of America
The following excerpt is from People v. Rascon, D068510 (Cal. App. 2015):
People v. Moore involved the evidentiary basis for a hypothetical question posed to an expert witness; the appellate court held there that the record contained no evidence to support a hypothetical question's assumption that a bloodstain was deposited on carpeting from the victim's body as opposed to some other object: "The record contains no evidence the living room bloodstain was deposited directly from [the victim's] wounds, rather than from, for example, a weapon used to attack her." (People v. Moore, supra, 51 Cal.4th at p. 405.) Thus, the court held it was error to permit the expert to answer the prosecutor's hypothetical question, but the admission of that evidence was not
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