What is the effect of admitting the testimony and other statements of the victim at the preliminary hearing of a defendant in an assault case?

California, United States of America


The following excerpt is from People v. Valadez, H041782 (Cal. App. 2017):

Even assuming error in admitting the preliminary hearing testimony and other statements of the victim, the error would be harmless beyond a reasonable doubt, the standard we would apply to evaluate prejudice here. (See Chapman v. California (1967) 386 U.S. 18, 23-24.) Putting aside the victim's prior testimony and statements to police, the evidence against defendant was overwhelming: the victim's girlfriend identified defendant as the shooter by name and showed police photographs of him; a neighbor reported defendant's car as the vehicle used during the shooting; and defendant's hands tested positive for gunshot residue with no innocent explanation provided.

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