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Perspective

Oct. 28, 2009

Judicial Leeway Towards Expert Testimony?

Jason Oei and Frank Loo of the San Bernardino County Public Defender's Office review the court's treatment of expert testimony.

EVIDENCE

By Jason Oei and Frank Loo

Experts have traditionally been able to rely upon hearsay in forming their opinions. In criminal cases, the defendant has the Sixth Amendment right to confront the witnesses against them. Since the U.S. Supreme Court case of Melendez-Diaz v. Massachusetts, there has been a flurry of California cases defining the defendant's Sixth Amendment rights, particularly in cases involving expert testimony.

The ...

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