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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1235, prior inconsistent statements may be used for both impeachment and as substantive evidence, even if they were not originally made under oath at a formal proceeding, as long as "the witness was so examined while testifying as to give him an opportunity to explain or to deny ...
The California Evidence Code (abbreviated to Evid. Code in the California Style Manual) is a California code that was enacted by the California State Legislature on May 18, 1965 [1] to codify the formerly mostly common-law law of evidence. Section 351 of the Code effectively abolished any remnants of the law of evidence not explicitly included ...
If the issue is the defendant's mental state at the time of the offense, the ultimate issue would be the defendant's sanity or insanity during the commission of the crime. . In the past, expert witnesses were allowed to give testimony on ultimate issues, such as the applicability of the insanity defense to a particular defenda
Evidence of insurance settlements would deprive Jackson of due process of law, proper cross-examination and violate Evidence Code 352 [79] as he would not be able to verify the agreements made in the settlement. The settlement cannot be used as evidence of guilt in future civil and criminal cases.
For example, the opponent might elicit on cross-examination an admission that the witness did not directly perceive every single part of the events at issue; the proponent will attempt on redirect to establish that the witness perceived enough of those events that the finder of fact can draw reasonable inferences as to the gaps where the ...
Under the Federal Rules of Evidence, Rule 804(b)(3) provides: "A statement that: (A) a reasonable person in the declarant's position would have made only if the person believed it to be true because, when made, it was so contrary to the declarant's proprietary or pecuniary interest or had so great a tendency to invalidate the declarant's claim against someone else or to expose the declarant to ...
A judge on Tuesday ordered Southern California Edison to preserve data, equipment and evidence related to the deadly Eaton fire, a decision praised by attorneys who sued the giant utility company ...
A Pitchess motion is a request made by the defense in a California criminal case, such as a DUI case or a resisting arrest case, to access a law enforcement officer's personnel information when the defendant alleges in an affidavit that the officer used excessive force or lied about the events surrounding the defendant's arrest. The information ...