What is the legal test for admissible expert testimony in a sexual assault case?

California, United States of America


The following excerpt is from People v. Aguirre, G039307 (Cal. App. 11/19/2008), G039307, G039672 (Cal. App. 2008):

In addressing challenges to the sufficiency of evidence, "the reviewing court must examine the whole record in the light most favorable to the judgment to determine whether it discloses substantial evidence evidence that is reasonable, credible and of solid value such that a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. [Citation.] The appellate court presumes in support of the judgment the existence of every fact the trier could reasonably deduce from the evidence. [Citations.] The same standard applies when the conviction rests primarily on circumstantial evidence. [Citation.] Although it is the jury's duty to acquit a defendant if it finds the circumstantial evidence susceptible of two reasonable interpretations, one of which suggests guilt and the other innocence, it is the jury, not the appellate court that must be convinced of the defendant's guilt beyond a reasonable doubt. [Citation.] `"If the circumstances reasonably justify the trier of fact's findings, the opinion of the reviewing court that the circumstances might also reasonably be reconciled with a contrary finding does not warrant a reversal of the judgment. [Citation.]"' [Citation.]" (People v. Kraft (2000) 23 Cal.4th 978, 1053-1054.)

"California law permits a person with `special knowledge, skill, experience, training, or education' in a particular field to qualify as an expert witness [citation] and to give testimony in the form of an opinion [citation]. Under Evidence Code section 801, expert opinion testimony is admissible only if the subject matter of the testimony is `sufficiently beyond common experience that the opinion of an expert would assist the trier of fact.' [Citation.] The subject matter of the culture and habits of criminal street gangs, of particular relevance here, meets this criterion. [Citations.]" (People v. Gardeley (1996) 14 Cal.4th 605, 617.)

Other Questions


What is the relevant case law regarding allegations of sexual assault made against appellant in a sexual assault case? (California, United States of America)
Is there any case law or precedent for the admissible use of BWS testimony in a sexual assault case? (California, United States of America)
If requested, if requested, is an expert's testimony admissible in a sexual assault case? (California, United States of America)
Is expert psychological testimony admissible in a juvenile sexual assault case? (California, United States of America)
What is the test for admissibility of evidence of prior sexual assault in a sexual assault case? (California, United States of America)
When a photograph of a defendant in a sexual assault case was found to have been taken in the context of an alleged sexual assault, is there any connection to the subsequent verdict of attempted sodomy? (California, United States of America)
What is the test for admitting prior sexual assault evidence in a sexual assault case? (California, United States of America)
Is prior sexual misconduct admissible in a sexual assault case? (California, United States of America)
For the purposes of section 1108.2(1) of the California Criminal Code, is there any constitutional error in a trial court's decision to instruct the jury in a sexual assault case to consider the use of sexual assault evidence admitted under Section 1108? (California, United States of America)
What is the legal test for corroborating the testimony of an accomplice in a sexual assault case? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.