CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay
......Prop. 115
.........Testimony Admissible
4 Cards On This Topic:
  • Hearsay provisions of PC 872 (b) do not require child molest victim be qualified to testify at prelim. hearing in order for M's hearsay declarations to be admissible.
  • Pen. Code §872 hearsay exception allowing officer to testify at prelim to statements made by forensic expert re blood alcohol does not exclude expert statements.
  • PC §866 gives D right to call ••any witnesses•• likely to establish affirmative defense, negate crime element or impeach prosecution evidence; not limited by Evid. Code §1203 and §1203.1.
  • Minor victim, hearsay declarant in lewd conduct case, could be called to testify after proper offer of proof and meeting of PC 866 requirements.