For the purposes of limiting evidence in a medical malpractice case, is there any error arising from the lack of a limiting instruction?

California, United States of America


The following excerpt is from People v. Hernandez, D073117 (Cal. App. 2018):

For the same reason, any error arising from the lack of a limiting instruction would be harmless. (See People v. Housely, supra, 6 Cal.App.4th at p. 959 [pointing out the expert's testimony in that case "was couched in general terms, and described behavior common to abused victims as a class, rather than any individual victim," thus it was "unlikely the jury interpreted her statements as support for [the victim's] credibility"; further, other witnesses explained the victim's retraction, thus it was not reasonably probable the defendant would have received a more favorable verdict if an appropriate limiting instruction had been given].)

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A. Background

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