CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay
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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.