CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay
......Examples of Hearsay
.........Classic Out-of-Court Statement
10 Cards On This Topic:
  • Deputy's testimony as to out-of-court statements by stranger which led him to D's trailer where gun was found was inadmissible hearsay.
  • Accomplice's statement to his wife, that "your fucking brother blew some dude away," was hearsay, an out-of-court statement offered for its truth, but error harmless as evidence of D's guilt was very strong, if not overwhelming.
  • Admitting waitress' evidence that D was referred to as pervert and made off-color remarks to other waitresses was harmless error where it would not have affected D's defense theory and evidence of guilt overwhelming.
  • Statement of another witness after live lineup, which caused V to doubt her own I.D. of D, properly excluded as hearsay, but V's state of mind after lineup could be examined.
  • In light of all properly admitted evidence, admission of detective's hearsay testimony, whether or not admissible as prior consistent statement, could not have prejudiced D.
  • No error to exclude informant statement a gang might have killed D’s parents as statement was inadmissible hearsay, irrelevant, unduly prejudicial and mere speculation.
  • Defense W's testimony that someone had threatened her and her daughter to discourage her from testifying properly excluded as hearsay.
  • LPS conservator seeking order for medical treatment to which conservatee objects must show the treatment is medically necessary through admissible evidence.
  • P's atty's declaration reciting package labeling and instruction sheet re package contents was inadmissible double hearsay.
  • O's testimony re W's statement that suspect left shoeprint on robbery scene counter improperly admitted, whether hearsay or nonhearsay.