ONCALL
...Evidence
......Foundational Issues
9 Cards On This Topic:
  • Trial ct. properly excluded expert declarations attached to plaintiffs' opposition to defendant's motion for summary judgment where declarations only provided ultimate conclusions of law.
  • Murder conviction overturned where false evidence was presented against defendant at trial, and error was prejudicial.
  • Expert witness, a coroner, violated Sanchez when she testified to the case-specific statements of another coroner; error harmless.
  • Sargon applies to expert opinion evidence submitted in connection with a motion for class certification.
  • People v. Sanchez applies to cases involving commitments of mentally disordered offenders.
  • Failure to make case-specific hearsay objections under Sanchez did not amount to ineffective assistance of counsel.
  • Gang expert's testimony regarding field investigation cards showing defendant associated with gang members was impermissible case-specific testimonial hearsay under Sanchez; error was prejudicial.
  • Because trial ct. committed prejudicial error in allowing DA's experts to testify to inadmissible hearsay contrary to Sanchez, finding that D is a sexually violent predator is reversed.
  • A stipulation that evidence is admissible does not equate with the concession of an issue.