The People, Plaintiff and Respondent v. Xue Vang, Defendant and Appellant — Werdegar, J., Concurring

Summary

Justice Werdegar concurred in the judgment because she found no reasonable probability that omitting the expert's opinion that the crime was gang motivated would have produced a more favorable verdict. She disagreed with the majority's rationale, reasoning that the central issue was whether the jury needed expert assistance to infer motive after hearing testimony about gang culture and practices. She would not adopt a broad rule allowing expert opinions on motive whenever they are elicited through hypotheticals rooted in the evidence.