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.