California, United States of America
The following excerpt is from People v. Clotfelter, 279 Cal.Rptr.3d 487, 65 Cal.App.5th 30 (Cal. App. 2021):
To conclude otherwise would render the limits imposed by section 29 meaningless. (Cf. People v. Bordelon (2008) 162 Cal.App.4th 1311, 1327, 77 Cal.Rptr.3d 14 ( Bordelon ) [ section 29 prohibits expert being asked hypothetical questions that are the "functional equivalent" of asking whether the defendant had a particular intent]; Czahara , supra , 203 Cal.App.3d at p. 1477, 250 Cal.Rptr. 836 ["Czahara concedes [his expert] could not state an opinion that Czahara did not have the mental state required for attempted murder. But taken together, the two opinions offered from [the expert] ... completely negate malice aforethought"].)
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