CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay
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Examples of Hearsay
.........Classic Out-of-Court Statement
10 Cards On This Topic:
Deputy's testimony as to out-of-court statements by stranger which led him to D's trailer where gun was found was inadmissible hearsay.
Accomplice's statement to his wife, that "your fucking brother blew some dude away," was hearsay, an out-of-court statement offered for its truth, but error harmless as evidence of D's guilt was very strong, if not overwhelming.
Admitting waitress' evidence that D was referred to as pervert and made off-color remarks to other waitresses was harmless error where it would not have affected D's defense theory and evidence of guilt overwhelming.
Statement of another witness after live lineup, which caused V to doubt her own I.D. of D, properly excluded as hearsay, but V's state of mind after lineup could be examined.
In light of all properly admitted evidence, admission of detective's hearsay testimony, whether or not admissible as prior consistent statement, could not have prejudiced D.
No error to exclude informant statement a gang might have killed D’s parents as statement was inadmissible hearsay, irrelevant, unduly prejudicial and mere speculation.
Defense W's testimony that someone had threatened her and her daughter to discourage her from testifying properly excluded as hearsay.
LPS conservator seeking order for medical treatment to which conservatee objects must show the treatment is medically necessary through admissible evidence.
P's atty's declaration reciting package labeling and instruction sheet re package contents was inadmissible double hearsay.
O's testimony re W's statement that suspect left shoeprint on robbery scene counter improperly admitted, whether hearsay or nonhearsay.