What is the test for admitting expert testimony in a sexual abuse case?

California, United States of America


The following excerpt is from People v. TOMPKINS, 110 Cal.Rptr.3d 918, 185 Cal.App.4th 1253 (Cal. App. 2010):

[10] We review the trial court's admission of expert testimony, including the trial court's ruling on foundational matters, for abuse of discretion. ( People v. Dean (2009) 174 Cal.App.4th 186, 193, 94 Cal.Rptr.3d 478.)

[11] [12] The trial court has broad discretion in determining whether a witness is qualified to testify as an expert. ( People v. Stanley (1984) 36 Cal.3d 253, 261, fn. 5, 203 Cal.Rptr. 461, 681 P.2d 302 ( Stanley ),) Even though Investigator Montgomery did not have significant academic qualifications, his experience as a child sexual abuse investigator was substantial. (See, e.g.,

[110 Cal.Rptr.3d 929]

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