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U.S. v. Lopez
Although government's redacted interrogation clips risked misleading jury because it truncated defendant's explanation, error was harmless given strength of government's evidence, and mitigating effect of defendant's trial testimony.
Evidence 9th Jul. 7, 2021
United States v. Charley
There was no logical connection between prior incidents and charged assault other than implication that defendant has propensity for violence.
Evidence 9th Jun. 14, 2021
Amended Opinion: People v. Hardy
Defendant's conviction reversed because trial court erred in admitting Shotspotter evidence without first holding 'Kelly/Frye' hearing.
Evidence 1DCA/2 Jun. 11, 2021
People v. Lund
Trial court did not err by admitting expert testimony that relied on software using hash value data because that data was not offered for truth of matter asserted.
Evidence 1DCA/4 Jun. 3, 2021
Hardeman v. Monsanto
District court did not abuse its discretion in admitting International Agency for Research on Cancer's classification of glyphosate as 'probably carcinogenic.'
Evidence 9th May 17, 2021
People v. Gray
Admission of bodycam footage containing excited utterance by unavailable declarant did not violate due process in probation violation hearing.
Evidence 2DCA/2 May 4, 2021
People v. Thomas
Trial court did not err when it allowed propensity evidence from co-defendant to show defendant had a propensity to commit child abuse.
Evidence 3DCA Apr. 30, 2021
People v. Clark
Trial court erroneously admitted into evidence Defendant's prior uncharged act of constructive possession of a firearm because there was no connected motive between the current offenses.
Evidence 3DCA Apr. 8, 2021
Modification: People v. Hardy
Defendant's conviction reversed because trial court erred in admitting Shotspotter evidence without first holding 'Kelly/Frye' hearing.
Evidence 1DCA/2 Mar. 23, 2021
People v. Hardy
Defendant's conviction reversed because trial court erred in admitting Shotspotter evidence without first holding 'Kelly/Frye' hearing.
Evidence 1DCA/2 Feb. 26, 2021
People v. Chhoun
Trial court did not abuse its discretion by admitting evidence of other similar crimes to show defendant's state of mind.
Evidence CASC Feb. 12, 2021
In re Morse
Trial court erred in sustaining petitioner's hearsay objection at Welfare and Institution Code Section 6602 probable cause hearing because Section 6602 is an implied exception to hearsay rule.
Evidence 4DCA/1 Jan. 7, 2021
People v. Turner
Defendant's conviction for fetal murder was reversed because trial court's admission of hearsay testimony about fetus's viability was harmful error.
Evidence CASC Dec. 1, 2020
People v. Williams
Trial court did not err in determining that it could consider hearsay information contained in this court's prior opinion on defendant's appeal because hearsay information contained therein was reliable.
Evidence 1DCA/3 Nov. 23, 2020
Modification: Menifee v. Superior Court (The People)
Although certain components of gang expert's testimony were inadmissible under 'People v. Sanchez,' remaining admissible evidence presented at preliminary hearing was sufficient to hold defendant to answer.
Evidence 6DCA Nov. 19, 2020
Menifee v. Superior Court (The People)
Although certain components of gang expert's testimony were inadmissible under 'People v. Sanchez,' remaining admissible evidence presented at preliminary hearing was sufficient to hold defendant to answer.
Evidence 6DCA Nov. 17, 2020
Modification: People v. Son
An officer who has extensively reviewed a video may offer a narration, pointing out particulars that a casual observer might not see.
Evidence 4DCA/1 Nov. 10, 2020
U.S. v. Bacon
When panel of this court concludes that district court committed non-harmless 'Daubert' error, panel has discretion to impose remedy 'as may be just under circumstances.'
Evidence 9th Nov. 6, 2020
People v. Winkler
During murder trial of defendant's third wife, trial court erred by presenting evidence of defendant's second wife's death in 1999, but error was harmless given strength of admissible evidence.
Evidence 3DCA Nov. 4, 2020
Carroll v. Commission on Teacher Credentialing
Trial court abused its discretion by permitting plaintiff's counsel to question defendant witnesses on, and asking jury to draw negative inferences from, defendant's exercise of attorney-client privilege.
Evidence 3DCA Oct. 26, 2020
People v. Son
An officer who has extensively reviewed a video may offer a narration, pointing out particulars that a casual observer might not see.
Evidence 4DCA/3 Oct. 21, 2020
People v. Villa
While evidence of victim's application for U visa was relevant to show motive to testify falsely, trial court did not abuse its discretion by excluding it under Evidence Code Section 352.
Evidence 4DCA/2 Oct. 20, 2020
People v. DelRio
Evidence of victim's previous domestic violence arrests was admissible when defendant claimed self-defense in homicide case.
Evidence 2DCA/8 Sep. 2, 2020
U.S. v. Berckmann
District court did not abuse its discretion by admitting evidence pertaining to other attacks as non-propensity evidence.
Evidence 9th Aug. 21, 2020
U.S. v. Lague
A medical professional's practice-wide prescription data is probative of unlawful intent in a 21 U.S.C. Section 841 charge.
Evidence 9th Aug. 21, 2020
People v. Liggins
Defendant's due process right to confront witness was violated at his probation revocation hearing when hearsay statements were admitted without a showing of witness unavailability or good cause.
Evidence 1DCA/4 Aug. 10, 2020
People v. Munch
Child Sexual Abuse Accommodation Syndrome evidence is relevant and admissible to advise jurors that self-impeaching behavior is not unusual for sexually abused children.
Evidence 2DCA/6 Jul. 22, 2020
Delgado v. California Dept. Motor Vehicles
Laboratory's affidavit stating there was no record of officer's qualification to administer alcohol test, was not sufficient to show that officer was not qualified to administer the test.
Evidence 1DCA/4 Jun. 16, 2020
People v. Tran
Expert's videos were analogous to charts and were used to help others understand surveillance footage; thus, videos were not subject to 'Kelly-Frye' test.
Evidence 4DCA/1 Jun. 11, 2020
Hart v. Keenan Properties, Inc.
Witness observations of names and logos were not hearsay because they were relevant to prove disputed link between defendant and pipes and were not offered for truth of their content.
Evidence CASC May 22, 2020