CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay
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Non-Applicability of Hearsay Rule
.........Probation Violation Hearings
5 Cards On This Topic:
Good cause showing required before D's right of confrontation at probation revocation hearing can be dispensed with by admission of prelim. hearing transcript in lieu of live testimony.
Documentary hearsay admissible at probation revocation hearing if sufficient indicia of reliability.
Transcript of witness' testimony at prelim is not proper substitute for live testimony at probation revocation hearing absent unavailability or good cause.
O's hearsay testimony relating statements of D's wife and son re child abuse charges properly admitted at probation revocation hearing.
Harvey-Madden rule [DA must produce original officer who furnished probable cause] does not apply to probation revocation hearing; thus, hearsay for probable cause is admissible therein.