CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Exception: Stmts re Threats, Injury
7 Cards On This Topic:
  • Statement re threat to unavailable declarant, in writing, electronically recorded or made to doctor, nurse, paramedic or law enforcement official.
  • No exception to 6th Amend. confrontation right for "forfeiture by wrongdoing." [D did not forfeit right to confront V about prior domestic violence by killing her and thus making her unavailable at murder trial.]
  • Reversible error to admit W's statements to doctor and O that H caused her neck injury 7 weeks before, per EC 1370 exception, as statements not made at/near time of injury and not in circs indicating trustworthiness.
  • Translated statements in restraining order, c/s and custody application, made by V shortly before D killed her, were not trustworthy under Crawford.
  • Admission of victim's statement identifying D as shooter from photo lineup day or two after shooting violated D's constitutional right to confront witnesses against him.
  • Prejudicial error not to allow murdered W's diaries be admitted in guardianship case; directly relevant to domestic violence and H's ability to control temper.
  • Hearsay exception re threats of harm does not violate confrontation clause