Is there any case law where defense counsel asked an expert whether the killing at issue might have been committed in a rage?

California, United States of America


The following excerpt is from People v. Andrade, F065468 (Cal. App. 2014):

This case is similar on this point to People v. Steele (2002) 27 Cal.4th 1230. In that case, defense counsel asked a prosecution expert on cross-examination whether the killing at issue might have been committed in a rage. On redirect, the prosecutor asked the expert whether the killing might instead have been methodical. On appeal, the defendant argued that "this 'whole line of testimony should have been excluded'" as improper opinion evidence. (Id. at p. 1247.) Noting that "[t]he defense, ..., not the

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