Confront/Cross-exam Archives

Categories: Areas Constitutional Law, Confront/Cross-exam, Evidence, Expert Witness, Gang Affiliation, Waiver

Summary

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

Opinion Date: 12/16/2019

Categories: Areas Constitutional Law, Confront/Cross-exam

Summary

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

Opinion Date: 05/02/2019

Categories: 1368 Competence, Areas Constitutional Law, Confront/Cross-exam, Evidence, Expert Witness, Pretrial Motions

Summary

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

Opinion Date: 01/31/2019

Categories: Admitting/Excluding, Areas Constitutional Law, Confront/Cross-exam, Evidence, Hearsay

Summary

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

Opinion Date: 08/31/2018

Categories: Areas Constitutional Law, Confront/Cross-exam, Extraordinary Remedies, Habeas Corpus (Federal)

Summary

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

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

Summary

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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Name: People v. Almeda

Case #: C077141

Opinion Date: 01/12/2017

Categories: Accomplice Testimony, Accomplices, Admitting/Excluding, Areas Constitutional Law, Confessions, Confront/Cross-exam, Crimes, Evidence, Government Agent Elicits, Hearsay, Interrogations & Confessions, Redaction (Bruton error)

Summary

Admission of cellmate's testimony relating defendant's incriminating statements did not violate his Sixth Amendment right to counsel because the cellmate was not acting under the government's direction. Villa and Almeda were charged with first degree murder for shooting a man…

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Name: People v. Gallardo

Case #: B269034

Opinion Date: 12/06/2017

Categories: Admitting/Excluding, Areas Constitutional Law, Confront/Cross-exam, Evidence, Hearsay

Summary

Codefendant's incriminating statements made to paid jailhouse informants were not testimonial under Crawford v. Washington (2004) 541 U.S. 123, and their admission did not deny defendants' confrontation rights. Three codefendants, Angel, Michael and Garcia, jointly conducted a drive-by shooting of…

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Name: People v. Malik

Case #: C080291

Opinion Date: 10/24/2017

Categories: Areas Constitutional Law, Confront/Cross-exam, Evidence, Hearsay

Summary

Trial court abused its discretion and violated defendant's confrontation right by allowing the prosecution to relate case-specific testimonial hearsay through its cross-examination of a defense expert witness, but the error was harmless. A jury convicted Malik of assault with a…

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Name: People v. Mooring

Case #: A143470

Opinion Date: 09/27/2017

Categories: Admitting/Excluding, Areas Constitutional Law, Confront/Cross-exam, Evidence, Hearsay

Summary

Expert testimony that pills possessed by defendants matched pills displayed on "Ident-A-Drug" website was properly admitted because the website came within the published compilation exception to the hearsay rule and was not testimonial. Officers executed a search warrant on Mooring…

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