Is a court required to follow the recommendations of doctors and other expert witnesses?
California, United States of America
The following excerpt is from People v. McDonough, G042711, Super. Ct. No. 98NF3762 (Cal. App. 2011):
recommendations are only prerequisites for obtaining a hearing. [Citation.]" (People v. Sword, supra, 29 Cal.App.4th at p. 628.) In other words, a trial court is not required "to follow the recommendations of doctors and other expert witnesses" so long as the court's reasons for rejecting the recommendations are not arbitrary. (Id. at p. 629.)2
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