Confront/Cross-exam

Name: People v. Castaneda-Prado (2023) 94 Cal.App.5th 1260
Case #: A164897
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 08/30/2023
  • Categories: Areas Constitutional Law, Confront/Cross-exam

The exclusion of impeachment evidence that showed a crucial victim witness was biased violated defendant’s constitutional right to confront a witness against him. When Doe 1 and Doe 2 were 16 years old, they accused defendant (a close family friend)…

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Name: People v. Gray (2023) 15 Cal.5th 152
Case #: S269237
Court: CA Supreme Court
Opinion Date: 08/14/2023
  • Categories: Areas Constitutional Law, Confront/Cross-exam, Due Process, Probation / Parole / PRCS

Opinion by: Chief Justice Guerrero (unanimous decision). Justice Groban also filed a concurring opinion. In probation revocation hearings, due process requires that trial courts determine on a case-by-case basis whether spontaneous hearsay statements are admissible. Gray was charged with inflicting…

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Name: Samia v. United States (2023) __ U.S. __ [143 S.Ct. 2004]
Case #: 22-196
Court: US Supreme Court
Opinion Date: 06/23/2023
  • Categories: Accomplice Testimony, Admitting/Excluding, Areas Constitutional Law, Confessions, Confront/Cross-exam, Evidence, Interrogations & Confessions, Redaction (Bruton error)

Majority opinion: Justice Thomas delivered the opinion of the court, in which Chief Justice Roberts, and Justices Alito, Gorsuch, and Kavanaugh joined. Concurring opinion: Justice Barrett joined the majority opinion in part and filed a separate opinion concurring in part…

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Name: People v. Coulthard (2023) 90 Cal.App.5th 743
Case #: H049755
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 03/30/2023
Subsequent History: Ordered published 04/19/2023
  • Categories: Areas Constitutional Law, Confront/Cross-exam, Crimes, Due Process, Elements of Crimes, Ex Post Facto, Legislation, Present a Defense, Statutory Construction, Supremacy Clause

To convict defendant of child abduction, the prosecution was not required to prove that the foreign court order or child custody order used to prove defendant’s guilt had previously been registered in California. Defendant’s daughter, M.C., lived with her mother…

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Name: People v. Perez
Case #: S248730
Court: CA Supreme Court
District CalSup
Opinion Date: 02/27/2020
  • Categories: Areas Constitutional Law, Confront/Cross-exam, Evidence, Expert Witness, Gang Affiliation, Waiver

Defendant's failure to object at trial, before People v. Sanchez (2016) 63 Cal.4th 665 was decided, did not forfeit a claim that a gang expert's testimony related case-specific hearsay in violation of the confrontation clause. Perez, Chavez, and Sandoval were…

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Name: People v. Arredondo
Case #: S244166
Court: CA Supreme Court
District CalSup
Opinion Date: 12/16/2019
  • Categories: Areas Constitutional Law, Confront/Cross-exam

Defendant's right of confrontation was violated when the trial court failed to make a case-specific finding that blocking defendant's view of a testifying witness was necessary to avoid harm to the witness and required by the presence of defendant. A…

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Name: People v. Gonzales
Case #: B289385
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 05/02/2019
  • Categories: 1368 Competence, Areas Constitutional Law, Confront/Cross-exam, Evidence, Expert Witness, Pretrial Motions

After trial counsel declares a doubt regarding defendant's competency and the trial court suspends criminal proceedings, counsel may not withdraw the declaration and the trial court must make a finding regarding competency. Defendant was charged with the fatal stabbing of…

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Name: People v. Hull
Case #: C079134
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 01/31/2019
  • Categories: Admitting/Excluding, Areas Constitutional Law, Confront/Cross-exam, Evidence, Hearsay

Prosecution was not required to grant use immunity to prosecution witness who invoked his right against self-incrimination at trial instead of introducing the witness's preliminary hearing testimony under Evidence Code section 1291. Hull was charged with assaulting Chatman and two…

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Name: Lucero v. Holland
Case #: 15-16111
Court: US Court of Appeals
District 9 Cir
Opinion Date: 08/31/2018
  • Categories: Areas Constitutional Law, Confront/Cross-exam, Extraordinary Remedies, Habeas Corpus (Federal)

An inmate's handwritten note intended for fellow inmates was not testimonial and its introduction at trial was not a violation of defendant's right to confront witnesses against him. In 2007, Lucero and two codefendants were tried and convicted of attempted…

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Name: People v. Farwell
Case #: S231009
Court: CA Supreme Court
District CalSup
Opinion Date: 06/21/2018
  • Categories: Areas Constitutional Law, Confront/Cross-exam, Right Against Self-incrim, Right to Jury Trial, Trial Proceedings, Waiver, Waiver of Jury Trial

When a trial court fails to advise a defendant and take waivers of any of his trial rights before accepting a guilty plea, the Howard totality of the circumstances test applies to determine whether the plea is valid. Farwell was…

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