CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......Adoptive Admissions (Crim.)
.........Examples of Adoptive Admissions
17 Cards On This Topic:

D understood reporter was implicitly asserting D authored an incriminating letter and, by responding to W's questions re its contents, implicitly admitted authorship—D's conduct in so doing was an adoptive admission.

W’s testimony that co-D nodded at D when asked which of them did "that wicked [murder]," and D did not respond, properly admitted as adoptive admission not involving confrontation clause.

Substantial evidence from which to reasonably infer that D knew he was being registered at motel for two guests and that he adopted as admissions the registration card and receipts by his signature on the documents.

Admitting edited portion of America's Most Wanted episode not abuse of discretion where D chose to play it to jury a 2d time, incl. excluded portions, thus undercutting his claim show's dramatic elements were prejudicial.

Evidence supported instruction on adoptive admissions where girlfriend asked if D killed V and D remained silent.

Ws' testimony as to incriminating comments they overheard properly admitted as adoptive admissions where D heard comments, and would be expected to reply but did not.

Co-perp’s out-of-court statement re murder admissible as adoptive admission by D, who was sitting next to her, could have but did not deny statement, and no inference he was relying on a constit’l right of silence.

W testimony re accomplices' statements implicating D, properly admitted as adoptive admissions where D present and said nothing.

As D able to hear both sides of phone call between V and police, and could have denied V's statements that he shot him, statements properly admitted as adoptive admissions.

By characterizing as adoptive admissions W's testimony as to incriminating stmts heard by D but to which he did not respond, and instructing with CALCRIM 357, court properly put evidence before jury.

By entering plea to ADW, where factual basis was use of metal pipe, D made adoptive admission of truth of facts underlying plea on prior.

Testimony of witness re third party's question to D and D's response admissible as adoptive admission.

Overheard conversation re crime between D and accomplice is admissible as either admission or adoptive admission.

Testimony of witness re D's passive response to news of V's death admissible not as adoptive admission, but as probative of D's prior knowledge of killing.

Testimony that D smiled and did not deny description when listening to accomplice describe their participation in murder constituted adoptive admission.

D's silence admissible as adoptive admission when accused of committing crime where D had opportunity to refute but failed to do so, and no indication relied upon 5th Amendment rights.

Statements which are not accusatory on face may still be adoptive admissions if essence is to accuse D of being present when crime committed.