context: Several other state courts have found this type of cross-examination improper.
citation_a.signal: but see
citation_a.parenthetical: prosecutor permitted to impeach defendant's expert witness with reports of non-testifying doc tors' reports on which the defendant's expert did not rely in formulating his opinion in that the reports were for the limited purpose of impeaching the witness
citation_a.sentence: See, e.g., Sharman v. Skaggs Cos., 124 Ariz. 165, 602 P.2d 833 (App.1979) (opinion of defendant’s non-testifying medical expert as to cause of plaintiffs injury could not be used to cross-examine the plaintiffs medical expert given the opinion was not made available until trial and the plaintiffs expert did not consider it in formulating his opinion); State v. Spencer, 319 N.J.Super. 284, 725 A.2d 106 (1999) (trial judge erred in permitting prosecutor to cross-examine defendant’s expert pathologist with a hearsay report containing the opinion of defense’s forensic pathologist who did not testify at trial because the testifying expert did not rely on the conclusions of the forensic pathologist in formulating his opinion even though he had reviewed them); Commonwealth v. Fried, 382 Pa.Super. 156, 555 A.2d 119 (1989) (non-testifying expert’s findings made in autopsy report were admissible in cross-examining expert witness who admitted he had relied on these findings, however, the non-testifying expert’s conclusions which differed from those of the expert were inadmissible because the non-testifying expert was not subject to cross-examination); cf. State v. White, 343 N.C. 378, 471 S.E.2d 593, cert. denied, 519 U.S. 936, 117 S.Ct. 314, 136 L.Ed.2d 229 (1996) (prosecutor permitted to cross-examine defense’s expert witness with reports containing conclusions of non-testifying expert where non-testifying expert reported these conclusions to defense expert who relied on them in formulating his opinion); but see People v. Pasch, 152 Ill.2d 133, 178 Ill.Dec. 38, 604 N.E.2d 294 (1992) (prosecutor permitted to impeach defendant’s expert witness with reports of non-testifying doc tors’ reports on which the defendant’s expert did not rely in formulating his opinion in that the reports were for the limited purpose of impeaching the witness).
citation_b.signal: see
citation_b.parenthetical: trial judge erred in permitting prosecutor to cross-examine defendant's expert pathologist with a hearsay report containing the opinion of defense's forensic pathologist who did not testify at trial because the testifying expert did not rely on the conclusions of the forensic pathologist in formulating his opinion even though he had reviewed them
citation_b.sentence: See, e.g., Sharman v. Skaggs Cos., 124 Ariz. 165, 602 P.2d 833 (App.1979) (opinion of defendant’s non-testifying medical expert as to cause of plaintiffs injury could not be used to cross-examine the plaintiffs medical expert given the opinion was not made available until trial and the plaintiffs expert did not consider it in formulating his opinion); State v. Spencer, 319 N.J.Super. 284, 725 A.2d 106 (1999) (trial judge erred in permitting prosecutor to cross-examine defendant’s expert pathologist with a hearsay report containing the opinion of defense’s forensic pathologist who did not testify at trial because the testifying expert did not rely on the conclusions of the forensic pathologist in formulating his opinion even though he had reviewed them); Commonwealth v. Fried, 382 Pa.Super. 156, 555 A.2d 119 (1989) (non-testifying expert’s findings made in autopsy report were admissible in cross-examining expert witness who admitted he had relied on these findings, however, the non-testifying expert’s conclusions which differed from those of the expert were inadmissible because the non-testifying expert was not subject to cross-examination); cf. State v. White, 343 N.C. 378, 471 S.E.2d 593, cert. denied, 519 U.S. 936, 117 S.Ct. 314, 136 L.Ed.2d 229 (1996) (prosecutor permitted to cross-examine defense’s expert witness with reports containing conclusions of non-testifying expert where non-testifying expert reported these conclusions to defense expert who relied on them in formulating his opinion); but see People v. Pasch, 152 Ill.2d 133, 178 Ill.Dec. 38, 604 N.E.2d 294 (1992) (prosecutor permitted to impeach defendant’s expert witness with reports of non-testifying doc tors’ reports on which the defendant’s expert did not rely in formulating his opinion in that the reports were for the limited purpose of impeaching the witness).