What is the test for admissible testimony in a criminal case?

California, United States of America


The following excerpt is from People v. Hall, 252 Cal.Rptr.3d 679, 39 Cal.App.5th 831 (Cal. App. 2019):

People v. Lamb (1999) 76 Cal.App.4th 664, 683, 90 Cal.Rptr.2d 565 ["Due process does not require that a criminal defendant be afforded the same evidentiary protections at sentencing proceedings as exist at trial"].)

On appeal, the test is whether the trial court abused its discretion in determining that the hearsay statements in the probation report are sufficiently reliable to be admissible. (See People v. Bryant , Smith & Wheeler (2014) 60 Cal.4th 335, 405, 178 Cal.Rptr.3d 185, 334 P.3d 573 ["We review the trial court's evidentiary rulings for abuse of discretion"]; United States v. Ngombwa (8th Cir. 2018) 893 F.3d 546, 557 " [W]hether hearsay evidence is sufficiently reliable to support a sentencing decision depends on the facts of the particular case, and is committed to the sound discretion of the district court "].)

Other Questions


What is the state of the law in relation to the admission of evidence in a criminal case of alleged criminal conspiracy? (California, United States of America)
Does testimony supporting a defense in a criminal case undermine the fundamental fairness of the criminal trial and thus precluding a possible lesser conviction for involuntary manslaughter? (California, United States of America)
Is evidence of a person's character or trait of his or her character in a civil case admissible in the context of a criminal case? (California, United States of America)
Is there any case law or precedent for the admissible use of BWS testimony in a sexual assault case? (California, United States of America)
How have the cases of two separate sexual assault cases been determined to be cross-admissible under section 1101 of the Criminal Code? (California, United States of America)
Is evidence of criminal activity not charged in a criminal case admissible? (California, United States of America)
What is the test for admissibility of uncorroborated accomplice testimony in a criminal case? (California, United States of America)
Is a criminal record of moral turpitude in a criminal case admissible to impeach a witness? (California, United States of America)
Is evidence of criminal history relevant and admissible in a criminal case? (California, United States of America)
Is evidence of prior criminal conduct admissible in criminal cases? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.