What is the test for admitting or denying an expert's opinion that defendant suffered from post traumatic stress disorder as a prisoner of war?

California, United States of America


The following excerpt is from The People v. Peter Nong Le, G041681, No. 04CF3689 (Cal. App. 2010):

Relying on People v. Valdez (1997) 58 Cal.App.4th 494, 510-511, defendant contends the trial court abused its discretion by failing to admit defendant's statements subject to a limiting instruction directing the jury not to consider his statements for the truth of the matters asserted, but only to show the basis of the expert's opinion. (Id. at pp. 509-510.) But as Valdez observed, it is for the trial court to assess the probative value of inadmissible material relied upon by an expert witness against the risk the jury might improperly consider the material as independent proof of the facts recited. (Id. at p. 510; see People v. Gardeley (1996) 14 Cal.4th 605, 617-619.) Here, the trial court permitted the expert to testify he based his opinion defendant suffered from PTSD, in part, on his interview with defendant. But the court acted within its discretion in precluding the expert from testifying about specific details, including that defendant told him he had suffered trauma as a prisoner of war, because the jury might improperly consider this matter as true.

Other Questions


In determining whether to admit expert testimony in a medical malpractice case, what is the test for admitting expert testimony? (California, United States of America)
Does a court abuse its discretion in denying a defendant's application for funds for a polygraph expert to administer a test on defendant? (California, United States of America)
What is the test for admitting or denying an expert's opinion in a medical malpractice case? (California, United States of America)
In determining whether to admit expert testimony in a medical malpractice case, what is the test for admitting expert testimony? (California, United States of America)
What is the prejudice inherent in admitting a defendant's prior conviction for possession of heroin in prison? (California, United States of America)
Does the trial court abuse its discretion when it denied a defendant's motion to exclude the testimony of Page 35 of the Defendant's lawyer as more prejudicial than probative? (California, United States of America)
What is the probative value of evidence that a defense expert's opinion that defendant would adjust well to life imprisonment? (California, United States of America)
How have the courts interpreted section 667.5 of the Criminal Code when determining whether a defendant suffered two felonies for which he served a prison term? (California, United States of America)
Can a defendant call an expert to testify that he had a mental disorder or condition such as PTSD or dissociation? (California, United States of America)
Does an expert who is an expert in medical malpractice have to produce a declaration of opinion based on hearsay statements? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.