What is the standard of review for learning information learned via hearsay?

California, United States of America


The following excerpt is from People v. Martinez, 19 Cal.App.5th 853, 228 Cal.Rptr.3d 271 (Cal. App. 2018):

learned via hearsay "unless they are independently proven by competent evidence or are covered by a hearsay exception." ( Id . at pp. 687, 204 Cal.Rptr.3d 102, 374 P.3d 320.) For example, an expert could testify that a diamond is a symbol adopted by a particular street gang because that constitutes general information. However, an expert could not testify that "an associate of the defendant had a diamond tattooed on his arm." The tattoo is case-specific evidence, which would need to be established by a witness who saw the tattoo, or by an authenticated photograph, or it would need to fall within a hearsay exception. ( Id. at p. 677, 687, 204 Cal.Rptr.3d 102, 374 P.3d 320.) We apply the abuse of discretion standard of review. ( People v. Clark (2016) 63 Cal.4th 522, 590, 203 Cal.Rptr.3d 407, 372 P.3d 811.)

Other Questions


In reviewing a section 654 challenge, what standard of review does the court apply in reviewing the challenge? (California, United States of America)
What is the standard of review applied in cases involving hearsay evidence? (California, United States of America)
What is the applicable standard of review for an application of the independent review test? (California, United States of America)
When a bench officer issued an order for a fee under review was not the same bench officer as the judge who presided over the trial, can the court exercise a less deferential standard of review? (California, United States of America)
On appeal, what is the standard of review in the context of a motion for summary review of the facts of the case? (California, United States of America)
What is the standard of review for a motion to review a decision of a trial court? (California, United States of America)
If an informant's information is sufficient to establish probable cause for arrest, is that information sufficient to warrant arrest? (California, United States of America)
What is the standard of review for reviewing state law errors at the guilt phase of a trial? (California, United States of America)
What is the scope of a defendant's in camera review of an in-camera review of a prosecutor's file regarding an informant's past experiences with dangerous drugs? (California, United States of America)
How does the abuse of review standard of review apply? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.