Admitting/Excluding

Name: People v. Espinoza
Case #: B283895
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 05/14/2018
  • Categories: Admitting/Excluding, Evidence, Expert Witness, Hearsay

Expert's testimony that she relied on "Ident-A-Drug" website to identify pills as controlled substances was properly admitted because it came within the published compilation exception to the hearsay rule and was not testimonial. Espinoza was charged with drug possession in…

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Name: People v. Gutierrez
Case #: B275509
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 02/26/2018
  • Categories: Admitting/Excluding, Crimes, Elements of Crimes, Evidence, Prop 47, Sentencing

Conviction for vehicle taking (Veh. Code, § 10851, subd. (a)) reversed where jury instructions omitted the requirement that the jury determine the value of the car. Appellant was convicted of illegally taking or driving a vehicle (Veh. Code, § 10851)…

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Name: People v. Almeda
Case #: C077141
Court: CA Court of Appeal
District 3 DCA
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)

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
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 12/06/2017
  • Categories: Admitting/Excluding, Areas Constitutional Law, Confront/Cross-exam, Evidence, Hearsay

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. Mooring
Case #: A143470
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 09/27/2017
  • Categories: Admitting/Excluding, Areas Constitutional Law, Confront/Cross-exam, Evidence, Hearsay

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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Name: People v. Rodriguez
Case #: F070900
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 10/09/2017
  • Categories: Admitting/Excluding, Evidence, Hearsay, Scientific Evidence

Trial court did not abuse its discretion in admitting evidence of automatically generated GPS data from defendant's ankle monitor. Following his felony conviction, defendant was released from custody with an ankle monitor pursuant to the Kern County Sheriff Department's Electronic…

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Name: In re T.F.
Case #: A144085
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 10/16/2017
  • Categories: Admitting/Excluding, Confessions, Delinquency (602), Evidence, Motion to Suppress (WIC 700.1), Presumptions of Witness

Juvenile court erred by admitting minor's confession because minor did not voluntarily waive his Miranda rights under officer's aggressive and intimidating interrogation. T.F., a minor, was accused of committing a lewd act on a 4-year-old when he was 13 years…

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Name: People v. Vasquez
Case #: D069298
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/29/2017
  • Categories: Admitting/Excluding, By Prosecutor, Demonstrative Evidence, Evidence, Hearsay, Misconduct

Trial court erred in permitting the prosecution to display a 20-foot timeline of child molestation incidents, which was created by the victim and her therapist, as a demonstrative exhibit. Vasquez was charged with various sex offenses involving two minors. The…

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Name: People v. Washington
Case #: B270506
Court: CA Court of Appeal
District 2 DCA
Division: 2
Opinion Date: 09/05/2017
  • Categories: Accomplice Testimony, Admitting/Excluding, Evidence

Admission in joint murder trial of codefendants' unredacted jail conversation implicating all defendants in the crime was proper because Crawford v. Washington (2004) 541 U.S. 36 confined the reach of the Aranda/Bruton doctrine to testimonial statements. Defendant and two other…

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Name: People v. Singh
Case #: C075295
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 08/02/2017
  • Categories: Admitting/Excluding, Evidence

Rap lyrics were relevant and properly admitted to show the killer's identity and the defendant's intent to kill. Singh, who had a history of conflict with Montoya, shot Montoya in the face, stomach and groin, killing him. In the trial…

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