ONCALL
...Evidence
......Hearsay Exceptions re Statements
7 Cards On This Topic:
  • Excited utterance made 20 to 40 minutes after shooting properly admitted against defendant at trial.
  • Juvenile ct. erred in making jurisdictional finding of sexual abuse based entirely on child's hearsay statements where there was no special indicia of reliability in the record.
  • Defendant's confession erroneously admitted into evidence where police placed him in an atmosphere equivalent to formal arrest and questioned him without giving a Miranda warning.
  • Aranda/Bruton rule does not apply to nontestimonial statements.
  • Victim properly deemed an uncharged coconspirator for purpose of EC §1223 hearsay exception, and her immunity from prosecution under Prop. 35 had no bearing on use of exception.
  • W's testimony, that D1's saying she had someone they could “come up on" meant to “rob,” and that the other Ds understood and adopted this plan to rob V, was properly admitted as an adoptive admission.
  • Juvenile court’s decision to accept evidence of 3-yr.-old's statement of sexual abuse by F—in caseworker’s report and video of C—was supported by substantial evidence and the proper basis for dependency jurisdiction.