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U.S. v. Franklin
Consideration of co-defendants' hearsay statements at sentencing did not violate defendant's due-process rights because the statements were procedurally and substantively reliable.
Evidence 9th Nov. 24, 2021
Chambers v. Crown Asset Management, LLC
An affidavit was excluded because it lacked sufficient detail to show that the underlying records it relied upon qualified under the business records exception.
Evidence 4DCA/1 Nov. 15, 2021
Doe v. Superior Court (Mountain View School District)
Evidence Code Section 1106 bars evidence of victim's prior sexual abuse.
Evidence 2DCA/2 Nov. 3, 2021
Modification: Strobel v. Johnson & Johnson
An expert witness' opinion that relied on both inadmissible hearsay and general knowledge in the expert's field was improperly disregarded.
Evidence 1DCA/4 Oct. 25, 2021
People v. Jenkins
A Kelly Blue Book website's valuation of a vehicle was admissible evidence for purposes of proving the vehicle's worth exceeded $950 because it is a published compilation.
Evidence 4DCA/3 Oct. 14, 2021
Forest Lawn Memorial-Park Assn. v. Superior Court (Ramirez)
A disavowed declaration was inadmissible evidence because it lacked foundation in the witness' personal knowledge of the matters in it.
Evidence 4DCA/2 Oct. 8, 2021
People v. Mani
Evidence of a defendant's prior uncharged acts was admissible because they were substantially similar to the charged act and therefore constituted evidence of intent.
Evidence 3DCA Oct. 4, 2021
Strobel v. Johnson & Johnson
An expert witness' opinion that relied on both inadmissible hearsay and general knowledge in the expert's field was improperly disregarded.
Evidence 1DCA/4 Sep. 23, 2021
People v. Barefield
The marital privilege is available until a final judgment of dissolution has been obtained, even if the spouses have separated.
Evidence 3DCA Sep. 14, 2021
Duncan v. Kihagi
Complaints from other tenants were not considered character evidence regarding the landlord because they countered attempts to depict plaintiff as an overly sensitive tenant.
Evidence 1DCA/1 Sep. 3, 2021
Modification: Zuniga v. Alexandria Care Center, LLC
Trial court erred in rejecting expert testimony simply because it was based on inadmissible evidence, without further consideration of reliability of data used, and error was prejudicial.
Evidence 2DCA/7 Aug. 17, 2021
Zuniga v. Alexandria Care Center, LLC
Trial court erred in rejecting expert testimony simply because it was based on inadmissible evidence, without further consideration of reliability of data used, and error was prejudicial.
Evidence 2DCA/7 Aug. 16, 2021
Mai v. HKT Cal, Inc.
Attorney invoices can be used to corroborate plaintiff's testimony that amount billed was paid and as evidence of amount's reasonability.
Evidence 4DCA/1 Jul. 14, 2021
U.S. v. Lopez
Although government's redacted interrogation clips risked misleading jury because it truncated defendant's explanation, error was harmless given strength of government's evidence, and mitigating effect of defendant's trial testimony.
Evidence 9th Jul. 7, 2021
United States v. Charley
There was no logical connection between prior incidents and charged assault other than implication that defendant has propensity for violence.
Evidence 9th Jun. 14, 2021
Amended Opinion: People v. Hardy
Defendant's conviction reversed because trial court erred in admitting Shotspotter evidence without first holding 'Kelly/Frye' hearing.
Evidence 1DCA/2 Jun. 11, 2021
People v. Lund
Trial court did not err by admitting expert testimony that relied on software using hash value data because that data was not offered for truth of matter asserted.
Evidence 1DCA/4 Jun. 3, 2021
Hardeman v. Monsanto
District court did not abuse its discretion in admitting International Agency for Research on Cancer's classification of glyphosate as 'probably carcinogenic.'
Evidence 9th May 17, 2021
People v. Gray
Admission of bodycam footage containing excited utterance by unavailable declarant did not violate due process in probation violation hearing.
Evidence 2DCA/2 May 4, 2021
People v. Thomas
Trial court did not err when it allowed propensity evidence from co-defendant to show defendant had a propensity to commit child abuse.
Evidence 3DCA Apr. 30, 2021
People v. Clark
Trial court erroneously admitted into evidence Defendant's prior uncharged act of constructive possession of a firearm because there was no connected motive between the current offenses.
Evidence 3DCA Apr. 8, 2021
Modification: People v. Hardy
Defendant's conviction reversed because trial court erred in admitting Shotspotter evidence without first holding 'Kelly/Frye' hearing.
Evidence 1DCA/2 Mar. 23, 2021
People v. Hardy
Defendant's conviction reversed because trial court erred in admitting Shotspotter evidence without first holding 'Kelly/Frye' hearing.
Evidence 1DCA/2 Feb. 26, 2021
People v. Chhoun
Trial court did not abuse its discretion by admitting evidence of other similar crimes to show defendant's state of mind.
Evidence CASC Feb. 12, 2021
In re Morse
Trial court erred in sustaining petitioner's hearsay objection at Welfare and Institution Code Section 6602 probable cause hearing because Section 6602 is an implied exception to hearsay rule.
Evidence 4DCA/1 Jan. 7, 2021
People v. Turner
Defendant's conviction for fetal murder was reversed because trial court's admission of hearsay testimony about fetus's viability was harmful error.
Evidence CASC Dec. 1, 2020
People v. Williams
Trial court did not err in determining that it could consider hearsay information contained in this court's prior opinion on defendant's appeal because hearsay information contained therein was reliable.
Evidence 1DCA/3 Nov. 23, 2020
Modification: Menifee v. Superior Court (The People)
Although certain components of gang expert's testimony were inadmissible under 'People v. Sanchez,' remaining admissible evidence presented at preliminary hearing was sufficient to hold defendant to answer.
Evidence 6DCA Nov. 19, 2020
Menifee v. Superior Court (The People)
Although certain components of gang expert's testimony were inadmissible under 'People v. Sanchez,' remaining admissible evidence presented at preliminary hearing was sufficient to hold defendant to answer.
Evidence 6DCA Nov. 17, 2020
Modification: People v. Son
An officer who has extensively reviewed a video may offer a narration, pointing out particulars that a casual observer might not see.
Evidence 4DCA/1 Nov. 10, 2020