In what circumstances would a defense counsel have sustained an objection to expert testimony?

California, United States of America


The following excerpt is from People v. Bon, F070490 (Cal. App. 2017):

First, it is not clear than an objection would necessarily have been sustained. "Defense counsel does not render ineffective assistance by declining to raise meritless objections. [Citations.]" (People v. Ochoa (2011) 191 Cal.App.4th 664, 674, fn. 8.) In dicta, the Vang2 court recognized that, "in some circumstances, expert testimony regarding the specific defendants might be proper." (Vang2, supra, 52 Cal.4th at p. 1048, fn. 4, citing People v. Valdez, supra, 58 Cal.App.4th at pp. 503-504, 507-509 [upholding admission of expert opinion testimony, not in the form of a hypothetical, that the defendant and others acted for the benefit of gangs].)

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