Legal Opinion

People v. McDonald

California Supreme Court

Decided November 21, 1984No. Crim. 21770PublishedCited by 365 opinions

1Opinion of the Court

Opinion

MOSK, J.

We address here a contention that is increasingly heard in the courts of California and our sister jurisdictions, i.e., that it may be an abuse of discretion to exclude the testimony of a psychologist who is a qualified expert witness on psychological factors shown by the evidence that may affect the accuracy of an eyewitness identification of the defendant. As will appear, we hold that on a proper showing such testimony is admissible, and that it should have been admitted in the case at bar.

Defendant was charged in count I with the murder of Jose Esparza. (Pen. Code, § 187.)…

2Cases cited58 opinions

  1. United States v. WadeSupreme Court of the United States · 1967
  2. People v. WatsonCalifornia Supreme Court · 1956
  3. Frye v. United StatesCourt of Appeals for the D.C. Circuit · 1923
  4. Green v. United StatesSupreme Court of the United States · 1957
  5. People v. KellyCalifornia Supreme Court · 1976

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3Cited by365 opinions

  1. People v. LedesmaCalifornia Supreme Court · 1987
  2. United States v. John W. DowningCourt of Appeals for the Third Circuit · 1985
  3. People v. MirandaCalifornia Supreme Court · 1987
  4. People v. BrownCalifornia Supreme Court · 1985
  5. State v. HendersonSupreme Court of New Jersey · 2011

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