ONCALL
...Evidence
......Hearsay
 13 Cards On This Topic:
  • Double hearsay statement properly admitted against defendant under the statement of a party and prior inconsistent statement hearsay exceptions.
  • Victim's medical records could not be admitted under business records hearsay exception where they were obtained from a third party that could not authenticate them or show they met the exception's requirements.
  • Victim's hearsay statements regarding domestic violence admissible against defendant under EC §1390 where he engaged in wrongdoing to procure her unavailability.
  • Ident-A-Drug website comes within the published compilation exception to the hearsay rule.
  • Sanchez did not bar the admission of a social services report in the absence of its primary author.
  • Defendant's surreptitiously recorded hearsay statement to a jailhouse informant was not testimonial under Crawford and therefore did not violate co-defendants' right to confrontation when introduced at trial.
  • Drug identification web site comes within the published compilation exception to the hearsay rule.
  • Crawford limits application of the Aranda/Bruton doctrine to testimonial hearsay statements.
  • Sixth Amendment right to face-to-face confrontation is not absolute, and alternative procedures may be used where (1) necessary to further an important or compelling state interest, and (2) the reliability of the testimony is otherwise assured.
  • Prosecution may not introduce an accomplice's hearsay confession shifting blame to defendant unless the defendant has the opportunity to cross-examine the accomplice.
  • A hearsay statement against interest need not be excluded from evidence as self-serving where the declarant was a more minimal participant in a crime.
  • Expert witness' statements explaining what prompted his investigation into mentally disordered offender's noncompliance with outpatient treatment were admitted for a nonhearsay purpose.
  • Case-specific testimony of expert witness on gangs barred where it conveyed inadmissible hearsay; error was harmless.


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