CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Relevance
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Demonstrative Evidence
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Tape Recordings; Transcripts
............Intelligibility of Tape Recording
10 Cards On This Topic:
Admission of whispered, sometimes inaudible tape of D's jailhouse conversation was not an abuse of discretion and did not violate their Constitutional rights.
Unintelligible parts of taped conversation between Ds in back of police car admissible where tape contained sufficient audible portions with material bearing on case.
Tape may be partially unintelligible.
Existence of unintelligible portions of tape does not preclude D from inquiring into other portions of tape or offering evidence contradicting audible portions.
Tape of jailroom conversation between D and wife not made inadmissible by unintelligible sections or gaps; enough was intelligible to be relevant without improper jury speculation.
Partially unintelligible tape subject to Evid. Code §352.
Unintelligibility may render tape irrelevant.
Transcript of tape recording not inadmissible under best evidence rule, even though much of tape unintelligible.
Tape which was largely unintelligible improperly admitted; D not furnished copy of tape or transcript.
Evid. Code §356 does not exclude partially unintelligible tape.