What is the test for admitting or excluding evidence from a medical record?

California, United States of America


The following excerpt is from People v. Joshua, G054730 (Cal. App. 2019):

After finding the affidavit insufficient, the court ruled that even if the affidavit was sufficient, it would exclude the medical record as hearsay without an exception. Thus, the decisive question is, assuming the affidavit was sufficient, whether the medical record was admissible under the business records, public records, or inconsistent statement exceptions. A trial court's decision to admit or exclude evidence is reviewed for abuse of discretion. (People v. Merriman (2014) 60 Cal.4th 1, 65.)

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