CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Exceptions re Statements
......Co-Conspirator (Crim.) Admissions
.........Limit.: Must Be in Furtherance
9 Cards On This Topic:
  • Even if jury had not considered coconspirator hearsay statements without proper instruction, not reasonably probable jury would have reached different result.
  • Statements to Ws re planned robbery properly admitted under co-conspirator exception to hearsay rule and for nonhearsay purpose of establishing state of mind.
  • Conspiracy to commit murder to collect life insurance proceeds continued after death of V, permitting introduction of postmurder hearsay pursuant to coconspirator's exception.
  • Co-conspirator's statement admissible as made in furtherance of objective of conspiracy.
  • Co-conspirator's statement admissible if showing of proof of ongoing conspiracy at time of statement.
  • Inculpatory statements co-D made to others were nontestimonial and not a confrontation clause violation—they were properly admitted either as declarations against interest or in furtherance of conspiracy to murder.
  • As D2's 911 call and prearrest stmts to Os were integral to creating false impression that V was killed during home-invasion robbery, they were made during/in furtherance of a conspiracy and properly admitted under EC 1223 exception.
  • Testimony re murderer's assertion he was planning to steal guns from V's home and D was going with him properly admitted as evidence of conspiracy and statements in furtherance.
  • Co-conspirator's statement admissible if made in furtherance of conspiracy's objective.