Search results
Results From The WOW.Com Content Network
The other proposition received a higher number of votes and so, under the California constitution, it took precedence. [2] Section 28 finally provided that prior felony convictions "shall subsequently be used without limitation for purposes of impeachment or enhancement of sentence in any criminal proceeding".
The California Evidence Code (abbreviated to Evid. Code in the California Style Manual) is a California code that was enacted by the California State Legislature on May 18, 1965 [1] to codify the formerly mostly common-law law of evidence. Section 351 of the Code effectively abolished any remnants of the law of evidence not explicitly included ...
Note that under California Evidence Code ("CEC") §§769, 770, and 1235, prior inconsistent statements may be used for both impeachment and as substantive evidence, even if they were not originally made under oath at a formal proceeding, as long as "the witness was so examined while testifying as to give him an opportunity to explain or to deny ...
Impeachment by Conviction – Rule 609(a): The rule specified when a party could use evidence of a prior conviction to impeach a witness. Congress reformed most of Rule 609(a), to specify when a court could exercise discretion to admit evidence of a conviction which was a felony , but that the court must admit the prior conviction if the crime ...
Prior: Conviction affirmed by the Ninth Circuit, 56 F.3d 75 (9th Cir. 1995), cert. granted, 516 U.S. 1110 (1996). Holding; Where the prior conviction is an element of the crime charged, evidence of a defendant's prior conviction may not be admitted if the defendant is willing to concede to the fact of the conviction. Court membership; Chief Justice
Peterson is being allowed a discovery period on the basis of California Penal Code 1054.9, which gives discovery rights to defendants who were convicted of serious or violent felonies and ...
Giles was convicted, and his conviction was affirmed by the California Supreme Court. [2] The court reasoned that the report of domestic violence was admissible under the forfeiture rule codified in California Evidence Code § 1370 because Giles had presumably made the declarant unavailable by murdering her. The Supreme Court granted certiorari.
A California appeals court tossed a reputed gang member’s murder conviction, ruling that prosecutors unfairly used a rap video as evidence and citing a new state law that curbs such practice.