People v. Jackson

INTRODUCTION

A jury found Larry Allen Jackson to be a sexually violent predator (SVP) under the Sexually Violent Predator Act, Welfare and Institutions Code section 6600 et 1 seq. (SVPA). The trial court ordered him committed to the California Department of State Hospitals (DSH) for an indeterminate term. Jackson argues the trial court prejudicially erred by granting the prosecution’s motion to exclude Jackson’s only SVP expert witness from testifying at trial. We agree and therefore reverse and remand to the trial court for a new SVP trial. Based on the record before us, and applying California Supreme Court authority, we hold that in the context of SVP cases, in determining whether to exclude defense expert witness testimony, the trial court must consider both applicable statutory law, including relevant portions of the SVPA and the Civil Discovery Act of 2004 (Code Civ. Proc., § 2016.010 et seq.) (Civil Discovery Act) and the defendant’s constitutional due process right to present such evidence. Here, the trial court’s exclusion of critical defense expert testimony to rebut the testimony of the prosecution’s two expert witnesses deprived Jackson of a fair trial.

GENERAL…