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Note that under California Evidence Code ("CEC") §§769, 770, and 1235, prior inconsistent statements may be used for both impeachment and as substantive evidence, even if they were not originally made under oath at a formal proceeding, as long as "the witness was so examined while testifying as to give him an opportunity to explain or to deny ...
In California, the process of impeachment has existed throughout its statehood allowing the State Legislature to remove certain officeholders. The State Assembly can initiate an impeachment, bringing about an impeachment trial in the State Senate through which an officeholder can be either suspended from office or removed from their office and disqualified from again holding state office.
Hearsay-within-hearsay, or "double hearsay", occurs when multiple out-of-court assertions appear in one statement. For example, if a witness testifies, "Officer Lincoln told me that he interviewed the defendant Claire, who admitted that she committed the robbery." There are two layers of hearsay here; two out-of-court declarants.
Giles v. California, 554 U.S. 353 (2008), was a case decided by the Supreme Court of the United States that held that for testimonial statements to be admissible under the forfeiture exception to hearsay, the defendant must have intended to make the witness unavailable for trial.
Echoes of the 2020 impeachment trial against Donald Trump sparked a bitter exchange between California Senate candidates Rep. Adam Schiff and Steve Garvey at the U.S. Senate Candidate Forum on ...
Following the vote to impeach a president, the U.S. Senate holds a trial to determine whether or not to convict the president of the crime(s) identified by the House.
"Hearsay is a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted." [1] Per Federal Rule of Evidence 801(d)(2)(a), a statement made by a defendant is admissible as evidence only if it is inculpatory; exculpatory statements made to an investigator are hearsay and therefore may not be admitted as ...
The emperor has no clothes — and no empathy. It’s likely, though, he still does have a standing reservation at the French Laundry. Of course, it’s Gavin Newsom, of whom I write.