CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay Exceptions re Statements
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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.