CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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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