What is the legal test for reversal of a jury verdict in a civil case where counsel failed to object to an expert testimony?

California, United States of America


The following excerpt is from People v. Colbert, B247634 (Cal. App. 2014):

counsel did not object to this testimony, and there can be "no satisfactory explanation" for her failure to do so. (People v. Castillo, supra, 16 Cal.4th at p. 1015.)

However, reversal is required only if there is a "'reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different. A reasonable probability is a probability sufficient to undermine confidence in the outcome.' [Citation.]" (Williams v. Taylor, supra, 529 U.S. at pp. 390-391.)

We find no prejudicial error here. The jury was instructed on how to view lay opinion testimony: "Witnesses, who were not testifying as experts, gave their opinions during trial. You may but are not required to accept those opinions as true or correct. You may give the opinions whatever weight you think appropriate. Consider the extent of the witness's opportunity to perceive the matters on which his or her opinion is based, the reasons the witness gave for any opinion, and the facts or information on which the witness relied in forming that opinion. You must decide whether information on which the witness relied was true and accurate. You may disregard all or any part of an opinion that you find unbelievable, unreasonable, or unsupported by the evidence." (See CALCRIM No. 333.) The jury was also instructed that it was their duty to "decide what the facts are. It is up to all of you, and you alone, to decide what happened . . . ." (See CALCRIM No. 200.) We presume that the jury followed the court's instructions absent evidence to the contrary. (People v. Nguyen (1995) 40 Cal.App.4th 28, 37.)

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)
If counsel discovered that the burglary had been reduced to a misdemeanor, and lodged an objection below, would counsel have discovered that counsel had discovered that Counsel had discovered it was a misdemeanor? (California, United States of America)
Is there any case law where a defense counsel failed to object to pruno testimony and eliciting testimony that pruno is illegal in prison? (California, United States of America)
Is there a defense counsel who failed to object to the asserted error by failing to object? (California, United States of America)
What is the test for failing to provide a reasonable probability that defendant would have obtained a more favourable result if counsel had failed to provide counsel with reasonable counsel? (California, United States of America)
What is the test for reversal of a jury verdict in a civil case where the court failed to instruct the jury on the lesser included misdemeanor charge of battery without injury? (California, United States of America)
Is a trial counsel's error in failing to object to the testimony of a police officer prejudicial to defendant? (California, United States of America)
What is the test for reversal of a verdict where the jury failed to agree on a unanimous verdict? (California, United States of America)
Can counsel consult with a medical expert and determine no favorable testimony would result if the expert was called as a witness? (California, United States of America)
Does a defense counsel provide ineffective assistance by failing to object to an instruction given by counsel? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.