ONCALL
...Children and the Law
......Evidentiary Issues
13 Cards On This Topic:

Cases current up to 12/31/2023.

Mother's audio-visual recordings of her visits with C inadmissible at termination hearing where C was court ward and her counsel did not consent to the recordings.

Mother could not consent on C's behalf to recording visits with C where GAL, not mother, holds power of consent for C.

Insufficient evidence that M committed battery where his brushing of an officer's hand was incidental to his moving away from it.

Psychotherapist-patient privilege did not apply where child and family counselor testified she was not minor's therapist.

Statement of five-year-old child taken by police two years before child testified at trial qualified for the past recollection recorded hearsay exception even where child remembered only that he spoke to police and told the truth.

Child witness' statements made to police the morning of murders admissible under spontaneous statement hearsay exception even where child had time to contrive, misrepresent, reflect or fabricate.

Trial ct. properly allowed expert to testify about factors jury should consider when evaluating a child witness' credibility, and properly prohibited expert from specifically commenting on child witness' credibility.

Expert statistical probability evidence is inadmissible to prove that a child was abused as witness credibility is an issue solely for the jury.

McKinney does not bar the use of sexual misconduct evidence to establish a defendant's propensity to commit such crimes.

Substantial evidence supported finding of minor's grave disability.

Independent proof of a crime may consist of circumstantial evidence in the form of a police officer's description of V's injuries.

In light of Prop. 47, M's adjudication reversed because no evidence was introduced showing vehicle was worth more than $950; double jeopardy did not prevent retrial.