CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......Adoptive Admissions (Crim.)
.........In General
7 Cards On This Topic:

Statement offered against party not made inadmissible by hearsay rule if party aware of content and manifested adoption or belief in its truth by words or conduct.

Error to admit W's accusatory letter to D as adoptive admission where no evidence he read it and no evidence he adopted belief in its contents; mere possession of letter not sufficient to satisfy requirement for adoptive admissions.

Because W's statements during joint interview with D were adoptive admissions under EC 1221, their admission did not violate D's confrontation rights under Crawford, nor under Aranda and Bruton.

Error to treat D's failure to contradict accomplice's statement as adoptive admission where accomplice's remarks did not refer to D or accuse D of anything.

Adoptive admissions have sufficient indicia of reliability to be admissible without violating right of confrontation.

Letter D wrote days after V confronted him about his sexually abusing her was properly excluded where it did not amount to adoptive admissions but denials intended to discredit her and exculpate himself.

Where alleged adoptive admission made after acceptance of D's guilty plea, trial court precluded from relying on it in determining whether prior conviction qualified as a strike.