CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay Exceptions re Statements
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Statements Made By Minors
.........Abuse Statements By Minor Victims
9 Cards On This Topic:
Statement by minor victim of abuse or neglect.
Statements by minors who are victims of child abuse or neglect for medical purposes admissible.
In case of lewd conduct on child, DA’s burden of proof on PC 803 (g) SOL issue is preponderance of the evidence.
Child victim's hearsay statements admitted in a sexual abuse prosecution under EC 1360 inadmissible under rule of Crawford v. Wash. as violative of Confrontation Clause.
Neither Confrontation Clause nor hearsay rule barred minor V's statement re molest because statement properly admissible under hearsay exception of Evid. Code §1253.
Because notice and unavailability requirements not met, mother's testimony about child abuse victim's out of court statements not properly admitted per Evid. Code §1360 hearsay exception.
Evid. Code §1360 re statement by minor V of abuse does not violate D's confrontation rights.
Evidence of similar, uncharged sexual misconduct against other child, if credited by trier of fact, may independently corroborate V’s allegation under Pen. Code §803 (g).
Uncharged sexual misconduct corroborating child victim's abuse allegations.