How have expert testimony been excluded from the trial jury in a murder case?

California, United States of America


The following excerpt is from People v. Maldonado, A141242 (Cal. App. 2016):

As explained above, in the circumstances of the present case, the proffered expert testimony was not relevant to the jury's determination of whether appellant had the mental states required to support the charged offenses or to the jury's evaluation of appellant's out of court statements. The expert testimony was only minimally probative to an assessment of the credibility of appellant's testimony, because that determination did not turn on the types of deficits in mental functioning identified by the experts. On the other hand, the trial court properly considered under Evidence Code section 352 the possibility that the expert testimony would result in confusion. The risk was particularly pronounced because the testimony would have consumed significant time, without there being any clear link between the identified mental deficits and the issues in the case. The trial court also properly considered the risk that the expert testimony would improperly inject sympathy for appellant into the jury's deliberations. (See People v. Sedillo (2015) 235 Cal.App.4th 1037, 1064 (Sedillo) ["photographs showing defendant with her child were unduly prejudicial because they tended to arouse sympathy for her as a mother"].) Because the expert testimony was minimally probative at best, the trial court did not abuse its discretion in excluding it under Evidence Code section 352.

Page 18

Even if the trial court abused its discretion in excluding the testimony, it is not "reasonably probable the jury would have reached a result more favorable to" appellant had the evidence been admitted. (People v. Alcala (1992) 4 Cal.4th 742, 791.) Appellant lied to the police, fled out of state, admitted his involvement in the murder to two acquaintances in Miami, and attempted to escape upon his return to California.

Other Questions


Does the fact that expert testimony may be available at trial require defense counsel to consult the experts or present their testimony at trial? (California, United States of America)
In determining whether to admit expert testimony in a medical malpractice case, what is the test for admitting expert testimony? (California, United States of America)
In determining whether to admit expert testimony in a medical malpractice case, what is the test for admitting expert testimony? (California, United States of America)
Can the felony-murder rule be applied to a charge of assault and murder in a case where appellant entered the home with intent to commit assault or murder? (California, United States of America)
What is the test for relying on expert testimony in a murder case? (California, United States of America)
Is there any case law where defense counsel successfully excluded or excluded the testimony of Defendant's young daughter? (California, United States of America)
What are the principles of a motion for a new trial where a witness in a murder trial later dies before the trial has even begun? (California, United States of America)
Can an expert's testimony be excluded from a jury trial? (California, United States of America)
What is the test for rejecting defense expert testimony in a murder trial? (California, United States of America)
What is the legal test for admitting or excluding expert testimony at trial? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.