CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay
......Non-Applicability of Hearsay Rule
.........Probation Violation Hearings
5 Cards On This Topic:
  • Good cause showing required before D's right of confrontation at probation revocation hearing can be dispensed with by admission of prelim. hearing transcript in lieu of live testimony.
  • Documentary hearsay admissible at probation revocation hearing if sufficient indicia of reliability.
  • Transcript of witness' testimony at prelim is not proper substitute for live testimony at probation revocation hearing absent unavailability or good cause.
  • O's hearsay testimony relating statements of D's wife and son re child abuse charges properly admitted at probation revocation hearing.
  • Harvey-Madden rule [DA must produce original officer who furnished probable cause] does not apply to probation revocation hearing; thus, hearsay for probable cause is admissible therein.