CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay
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Confrontation
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Criminal-State Cases
............Probation Revocation Hearing
5 Cards On This Topic:
Admission of victim/witness’s hearsay statements at revocation hearing did not violate D's due process right to confrontation; Crawford inapplicable.
Crawford does not extend U.S. Const. Amend. VI right to confrontation to revocation of supervised release proceedings.
Hearsay admissible in probation revocation hearing.
Although D had federal due process rights, due process balancing test for admissibility of hearsay does not apply to evidence falling within hearsay exception for spontaneous statements.
Abuse of discretion to admit hearsay allegations in W&IC 777 report at probation revocation hearing where no showing of unavailability or good cause for dispensing with right to confrontation.