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Name Category Published
P. v. Carkhum-Murphy
Defendant's statement was exculpatory by asserting defendant committed lesser included offense of misdemeanor theft but did not commit serious and violent felony of robbery; thus, prior convictions to impeach defendant properly admitted. 		Evidence 3DCA Oct. 22, 2019
People v. Felix
Defendant's armed robbery conviction was similar to current crime of attempted murder because in both incidents, codefendant, in defendant's presence, did not hesitate to criminally threaten and assault victims with weapon. 		Evidence 3DCA Oct. 18, 2019
U.S. v. Thornhill
Applying Federal Rule of Evidence 403 to Rule 414 evidence, and factors set forth in 'United States v. LeMay,' probative value of defendant's prior conviction was not substantially outweighed by its unfair prejudice. 		Evidence 9th Oct. 16, 2019
Modification: People v. Hall
Petitioner's arrest and probation reports, although hearsay, were sufficiently reliable under the circumstances to support their admissibility in determining whether petitioner was eligible for relief under Proposition 64. 		Evidence 2DCA/6 Oct. 10, 2019
Doe v. Occidental College
Adjudicator reasonably concluded that student was unable to make 'an informed and rational decision to engage in sexual activity' and that appellant, had he been sober, should have known it. 		Evidence 2DCA/7 Sep. 25, 2019
Husayn v. U.S.
Even where state secrets privilege apply, nonsensitive information must be "disentangled" from sensitive information and released, where possible. 		Evidence 9th Sep. 19, 2019
Bennett v. Superior Court
Trial court's consideration of inadmissible case-specific hearsay was central to its finding of probable cause to commit petitioner as a sexually violent predator, so petitioner's writ petition must be granted. 		Evidence 2DCA/2 Sep. 13, 2019
People v. Hall
Petitioner's arrest and probation reports, although hearsay, were sufficiently reliable under the circumstances to support their admissibility in determining whether petitioner was eligible for relief under Proposition 64. 		Evidence 2DCA/6 Sep. 11, 2019
Assn. for L.A. Deputy Sheriffs v. Superior Court
Although identities of officers on Los Angeles County Sheriff's Department's 'Brady' list were confidential, disclosure of limited information only to prosecutors with need-to-know to ensure 'Brady' compliance was permissible. 		Evidence CASC Aug. 27, 2019
Modification: Palm Finance Corp. v. Parallel Media LLC
A foreign court order for a monetary judgment is presumptively authenticated and admissible if it is from a nation recognized by the United States and contains a legitimate court seal. 		Evidence 2DCA/8 Aug. 23, 2019
People v. McDaniel
Defendant's non-response to mother's indirect accusation that he committed robberies was not an adoptive admission, and documents found in defendant's vehicle were not relevant to current proceedings. 		Evidence 5DCA Aug. 20, 2019
People v. Shah
Materiality is not an element of the offenses listed in Penal Code Section 132 and 134 regarding preparing and offering false and fraudulent evidence. 		Evidence 3DCA Aug. 15, 2019
Palm Finance Corp. v. Parallel Media LLC
A foreign court order for a monetary judgment is presumptively authenticated and admissible if it is from a nation recognized by the United States and contains a legitimate court seal. 		Evidence 2DCA/8 Aug. 8, 2019
People v. Calhoun
Evidence Code Section 1161(b) refers to any sexual conduct before victim's trial testimony, and bars evidence of victim's prostitution after defendant's arrest that is offered for credibility or impeachment purposes. 		Evidence 4DCA/3 Aug. 6, 2019
Doe v. Occidental College
Student's account of sexual assault by plaintiff, which was substantiated by other witnesses, was sufficient to provide substantial evidence to support adjudicator's finding that plaintiff violated school's sexual misconduct policy. 		Evidence 2DCA/3 Jul. 26, 2019
D.Z. v. Los Angeles Unified School Dist.
Because trial court drew a bright line excluding all evidence of teacher's conduct other than touching, it arbitrarily excluded evidence that was relevant to appellant's claim for negligence against school district. 		Evidence 2DCA/4 May 15, 2019
Biestek v. Berryhill
Vocational expert's refusal to provide private market-survey data upon applicant's request does not categorically preclude the expert's testimony from counting as substantial evidence. 		Evidence USSC Apr. 2, 2019
U.S. v. Haines
Excluding testimony of minor's prior prostitution activities did not violate defendant's due process right to present a defense and therefore did not trigger the 'rape shield' exception under Federal Rule of Evidence 412. 		Evidence 9th Mar. 15, 2019
Juen v. Alain Pinel Realtors, Inc.
The policy of a business to take certain actions under certain circumstances is by itself insufficient evidence to establish that the policy was adhered to on a specific occasion. 		Evidence 6DCA Mar. 8, 2019
Darab N. v. Olivera
The tender doctrine compels disclosure only in cases in which a patient's own action initiates the exposure, and not when an opposing party seeks to tender a patient's medical issues. 		Evidence 2DCA/1 Feb. 6, 2019
People v. Hull
Grant of immunity was not required when alleged victim invoked right against self-incrimination and became unavailable under Evidence Code Section 1291 because his prior testimony was neither clearly exculpatory nor essential. 		Evidence 3DCA Feb. 4, 2019
Fernandez v. Alexander
Because expert's declaration was purely conclusory, plaintiff presented no admissible evidence to controvert defendant's evidence that causation for medical malpractice cannot be established; thus motion for summary judgment was properly granted. 		Evidence 2DCA/8 Jan. 30, 2019
U.S. v. Lopez
Expert testimony on battered women syndrome is not categorically excludable and may be relevant to a defense of duress as it serves to dispel many of the misconceptions regarding women in abusive relationships. 		Evidence 9th Jan. 11, 2019
Modification: City of San Diego v. Superior Court
Trial court errs in disqualifying defendant's counsel based on an egregious violation of attorney-client privilege when the disclosure does not substantially and continuously effect the outcome of the case. 		Evidence 4DCA/1 Jan. 9, 2019
City of San Diego v. Superior Court
Trial court errs in disqualifying defendant's counsel based on an egregious violation of attorney-client privilege when the disclosure does not substantially and continuously effect the outcome of the case. 		Evidence 4DCA/1 Dec. 20, 2018
Guernsey v. City of Salinas
Evidence Code section 1150(a) does not prohibit admitting a statement that reflects a juror's reasoning processes if the aim of submitting the evidence is to show juror misconduct. 		Evidence 6DCA Dec. 19, 2018
People v. Superior Court (Smith)
Pursuant to Welfare and Institutions Code Section 6603(j), district attorney was entitled to review treatment records supporting an updated or replacement evaluators' opinions about petitioner's suitability for designation as Sexually Violent Predator. 		Evidence CASC Dec. 14, 2018
People v. Burton
False statement juror instruction CALCRIM No. 362's reference to the 'charged crime' does not improperly suggest to juror that false statements demonstrate consciousness of guilt of most serious charged crime. 		Evidence 3DCA Dec. 5, 2018
People v. Phea
CALCRIM No. 1191 requires Evidence Code Section 1108 evidence be proved by a preponderance of the evidence, but does not reduce the prosecution's burden of proof as to any charged offenses. 		Evidence 3DCA Nov. 30, 2018
Morgan v. Davidson
Under Evidence Code Section 1987(c), respondent was not required to provide the court with appellant's financial condition because appellant failed to comply with the notice to produce financial documents. 		Evidence 4DCA/2 Nov. 29, 2018
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