What is the test for cross-examination of the People's expert and the Defense's expert on partition ratios?

California, United States of America


The following excerpt is from People v. Thompson, 215 Cal.App.3d Supp. 7, 265 Cal.Rptr. 105 (Cal. Super. 1989):

The trial court ruled that under People v. Pritchard (1984) 162 Cal.App.3d Supp. 13, 209 Cal.Rptr. 314, no evidence could be allowed that partition ratios can vary beyond the 2,300 to 1 to 1,900 to 1 range from which the 2,100 to 1 ratio found in Title 17 was derived. This limitation was made applicable to both cross-examination of the People's expert and the testimony of the defense expert. Defense counsel subsequently stated that as a result of the trial court's ruling it would "be fruitless and a waste of the court's time to put on a defense."

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