What is the test for rejecting defense expert testimony in a murder trial?
California, United States of America
The following excerpt is from People v. Combs, 101 P.3d 1007, 22 Cal.Rptr.3d 61, 34 Cal.4th 821 (Cal. 2004):
Given the extensive evidence of premeditation and deliberation and the inconclusive evidence of mental disease or defect, the jury was entitled to reject the defense expert testimony. (People v. Hernandez (1988) 47 Cal.3d 315, 350-351, 253 Cal. Rptr. 199, 763 P.2d 1289.) Under all the circumstances, we find ample evidence of premeditation and deliberation.
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