Can An Expert Relay Hearsay Evidence To The Jury?

Oct 30, 2017

The California Supreme Court recently answered this question in People v. Sanchez, 63 Cal. 4th 665 (2016) as follows: No—not if the hearsay communicates case-specific facts. While an expert may assume the existence of case-specific facts to explain his or her opinion, the expert cannot relay such facts and treat them as true. Sanchez is important for trial lawyers because it restores the distinction between general background hearsay (which can be relayed...

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