Is there an abuse of hearsay?

California, United States of America


The following excerpt is from People v. Fletcher, B280914 (Cal. App. 2018):

Defendant contends the court erred in sustaining the prosecution's hearsay objections to evidence proffered by the defense. We review the court's rulings for an abuse of discretion. (People v. Hovarter (2008) 44 Cal.4th 983, 1007-1008.)

Evidence Code section 1200, subdivision (a), defines hearsay as "evidence of a statement that was made other than by a witness while testifying at the hearing and that is offered to prove the truth of the matter stated." Hearsay is generally inadmissible unless it falls under an exception. (Evid. Code, 1200, subd. (b); see, e.g., People v. Sanchez (2016) 63 Cal.4th 665, 674.)

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