When a prosecutor asks for an expert's opinion in a criminal case, can the prosecutor ask for a hypothetical question?

California, United States of America


The following excerpt is from People v. Burghardt, B227564 (Cal. App. 2012):

Here, Detective Shear was most assuredly familiar with the facts of the particular case being tried based on his own thorough investigation. Where most, even if not all, of the evidence upon which an expert's opinion is based is within that witness's personal knowledge and has already been the subject of his testimony, it seems a pointless exercise to require the prosecutor to summarize that evidence in the form of a hypothetical question before asking for the expert's opinion.5 On this record, and without generalizing to other situations not before us, I am not prepared to hold Detective Shear's testimony exceeded the scope of a permissible expert opinion. (See generally People v. Vang, supra, 52 Cal.4th at p. 1048, fn. 4 ["[i]t appears that in some circumstances, expert testimony regarding the specific defendants might be proper"].)

Other Questions


How have the voir dire questions in a criminal case been interpreted by the trial court and the prosecutor in this case? (California, United States of America)
Is there any grounds for objection to a prosecutor's question in questions to an expert witness? (California, United States of America)
How have the courts treated a prosecutor's hypothetical facts in a criminal case? (California, United States of America)
In what circumstances will a defense counsel object to a prosecutor's argument that a witness who withdrew from questioning because she was not engaging with the questioning, is entitled to continue questioning? (California, United States of America)
Is testimony expressing opinion on legal question of probable cause inadmissible as improper expert opinion? (California, United States of America)
Is there any case law where a prosecutor's decision not to charge under one criminal statute but under the other under the same criminal code violates equal protection principles? (California, United States of America)
Can a prosecutor improperly cross-examine a defendant's prior criminal convictions in a criminal case? (California, United States of America)
What is the test for an expert opinion in a criminal case? (California, United States of America)
Is there any case law where a prosecutor's decision not to charge under one criminal statute but under the other under the same criminal code violates equal protection principles? (California, United States of America)
Is there any case law where a prosecutor asked a defense counsel to respond to the prosecutor's leading questions? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.