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Jan16
Trier of Fact Cannot Make Findings Contrary to Uncontroverted Expert Testimony

The following is not meant to be legal advice and may be outdated research.

In People v. Drew (1978) 22 Cal. 3d 333, the court stated that jurors are not automatically required to render a verdict which conforms to expert opinion, even though expert opinion may be unanimous.  However, when expert opinion evidence is uncontradicted, and there is no substantial evidence in the record to support the jury’s verdict, the unanimity of expert testimony could upset a contrary jury finding.  The question on appeal is not whether there was substantial evidence favoring the jury’s finding, but whether the evidence contrary to that finding is of such weight that the jury cannot reasonably have rejected it.

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