What is the test for an expert opinion in a criminal case?
California, United States of America
The following excerpt is from People v. Ortega, B243283 (Cal. App. 2013):
members." (Id., subd. (b)(1).) "It is well settled that expert testimony about gang culture and habits is the type of evidence a jury may rely on to reach a verdict on a gang-related offense or a finding on a gang allegation." (People v. Ferraez (2003) 112 Cal.App.4th 925, 930 (Ferraez).) An expert opinion, however, must have some basis in fact, and must not be purely speculative. (See People v. Gardeley, supra, 14 Cal.4th at p. 618.)
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