CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay
......What is Not Hearsay
.........Assertive Conduct of Persons
6 Cards On This Topic:

Statement includes nonverbal conduct intended as substitute for oral or written verbal expression

Permitting brief mention of an out-of-court statement for a limited nonhearsay purpose did not render the trial fundamentally unfair in violation of D's confrontation and due process rights.

W's testimony describing D's nonverbal conduct did not implicate hearsay rule and was relevant to issue of guilt without being inflammatory or misleading.

Daughter's testimony that her mother had said nothing about missing property before she was murdered properly admitted as non-hearsay.

Trial court properly excluded D’s emotional postarrest interrogation, where tape contained inadmissible statements as well as nonassertive, nonhearsay conduct.

Child's statements to others re sex abuse by father admissible as nonhearsay circumst. evid. of state of mind; nonverbal acting-out not meant to be statements for Evid. Code §225 exclusion.