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California SVP Determination Based on Hearsay Evidence Reversed
Loaded on Nov. 16, 2017
by Mark Wilson
published in Criminal Legal News
December, 2017, page 29
Filed under:
Evidence.
Location:
California.
by Mark Wilson
The Court of Appeal of California, Second Appellate District reversed a Sexually Violent Predator (“SVP”) adjudication, finding that the State’s expert witnesses improperly testified about inadmissible hearsay evidence in support of their conclusion that the SVP statutory criteria were satisfied.
On May 12, 2009, California prosecutors filed ...
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More from this issue:
- Absurd, Abusive, and Outrageous: The Creation of Crime and Criminals in America, by Christopher Zoukis
- Study’s Data Show Racial Disparity in Plea Bargaining Outcomes, by Derek Gilna
- Missouri Supreme Court Holds Probation Revocation for Nonpayment of Court Costs Unconstitutional, by Mark Wilson
- Evidence Scandal Leads to the Dismissal of over 140 Texas Criminal Cases, by Matthew Clarke
- Fourth Circuit Holds Supervised Release Revocation Sentence Unreasonable, by Christopher Zoukis
- Urban Institute Releases Report Detailing the Effects of Criminal Background Checks on Employment, by Derek Gilna
- California SVP Determination Based on Hearsay Evidence Reversed, by Mark Wilson
- Alford Pleas: Prosecutors’ Choice for the Wrongfully Convicted, by David Reutter
- Eighth Circuit: Warrantless Seizure of Handgun Not Permitted under Plain View Doctrine, by Mark Wilson
- News in Brief
- Oregon Supreme Court Rules No Vindictiveness in Resentencing Where Longer Term for Specific Conviction but Overall Multi-Conviction Sentence Shorter, by Mark Wilson
- Seventh Circuit: Violent Cop’s Below-Guideline Sentence Not Justified, Again, by Mark Wilson
- Unloaded Firearm in Zipped Case Is Not “Deadly Weapon” under Oregon’s First-Degree Burglary Statute, by Mark Wilson
- D.C. Court of Appeals Rules Warrantless Use of Stingray Device Constitutes Unlawful Search and Reverses Defendant’s Convictions, by Richard Resch
- Eleventh Circuit Holds Defendants Voluntarily Consented to Search in Police Ruse to Search Home Purportedly to Investigate Burglary, by David Reutter
- Pennsylvania Supreme Court Rules State Sex Offender Registration Law Violates Ex Post Facto Clause, by David Reutter
- Georgia Supreme Court Rules Flipping the Bird Is Not Disorderly Conduct, by Christopher Zoukis
- New Study: “Broken Windows” Policing May Not Be as Effective as Thought, by Christopher Zoukis
- California Felonizes Some Prosecutorial Misconduct, by Matthew Clarke
- Ninth Circuit Concludes Mandatory Supervision Akin to Parole for Fourth Amendment Analysis, by Mark Wilson
- Proof of Law Enforcement Duty Is Primary Job to Establish Peace Officer Status, by David Reutter
- Oregon Enacts Law Requiring Grand Jury Testimony to Be Recorded—Finally!, by Mark Wilson
- Georgia Supreme Court Tosses DUI Conviction Based on Officer’s Testimony of Impairment, by Christopher Zoukis
- Third Circuit Holds Habeas Petitioner’s Claim Based on Prosecutor Knowingly Using Perjured Testimony Not Subject to Brecht “Actual Prejudice” Standard, by Richard Resch
- Nevada Supreme Court: Mistrial Due to Egregious and Improper Conduct by Prosecutor Bars Retrial, by Christopher Zoukis
- Several States Bar Landlords from Automatically Denying Housing to Felons
- Habeas Hints: SCOTUS Review 2016–17, by Tara Hoveland, Kent Russell
- Fourth Circuit Holds North Carolina Sex Offender Restrictions Unconstitutional, by Matthew Clarke
- Colorado Supreme Court Rules That Criminal Trespass Is a Lesser Included Offense of Burglary, by Christopher Zoukis
- Colorado Supreme Court Rules That Unlawful Sexual Contact Is a Lesser Included Offense of Sexual Assault, by Christopher Zoukis
- Kentucky Court Rules Death Penalty Statute Applied to Defendant under 21 Years Old Unconstitutional, by Mark Wilson
More from Mark Wilson:
- Indiana Prisoner Sues Prison Abolition Group, Wins $1,097 Default Judgment, April 26, 2024
- Eighth Circuit Affirms Denial of Qualified Immunity to Minnesota Jail Guard Accused of Grabbing and Squeezing Detainee’s Penis, Feb. 1, 2024
- Former Oregon Prison Nurse Gets 30 Years for Raping Prisoners, Dec. 1, 2023
- After Ninth Circuit Refuses to Compel Arbitration, National Class Certified in HRDC’s Challenge to Jail and Prison Debit Card Fees, Oct. 15, 2023
- Seventh Circuit Revives Illinois Prisoner’s Claim Over Knee Surgery Delayed 29 Months, Oct. 15, 2023
- Fourth Circuit Reinstates North Carolina Prisoner’s Suit, Finding Grievance Procedure Availability an Open Question, Oct. 15, 2023
- Congress Forces BOP to Upgrade Security Cameras, Sept. 15, 2023
- Oregon Will Hold Release Hearings for 73 Prisoners Sentenced to LWOP as Juveniles, Sept. 15, 2023
- Senators Slam “Egregious” Prisoner Sexual Abuse by BOP Employees, Sept. 15, 2023
- Minnesota Supreme Court Denies Qualified Immunity for Delayed Transfer of Sex Offenders, Sept. 15, 2023
More from these topics:
- Washington Appellate Court: “Some Evidence” Standard for Prison Discipline “Is Not Illusory”, Dec. 15, 2024. Evidentiary Ruling (Disciplinary Hearings), Evidence, Best Evidence Rule.
- Class-Action Lawsuit Challenges Use of Presumptive Drug Tests by Washington DOC, April 1, 2024. Disciplinary Hearings, Disciplinary Litigation, False Charges (Disciplinary Hearings), Evidence, Drug Testing, Estimates/Averages - Use of, Inmate Disciplinary Hearings, Prison Disciplinary Proceedings.
- Nevada Court Rules Prison Officials Withheld Evidence from Prisoner, Aug. 1, 2020. Evidence, Mail, Methamphetamine, Disciplinary Proceedings.
- Fourth Circuit: Unreasonable Post-Seizure Delay in Obtaining Warrant Requires Suppression of Evidence, April 12, 2019. Evidence, Search warrants.
- Contraband Found in Prisoner’s Rectum Supports Conviction, Nov. 6, 2018. Evidentiary Ruling (Disciplinary Hearings), Evidence, Strip Searches, Body Cavity Searches.
- Ohio Supreme Court: Prisoner Entitled to Results of Post-Conviction DNA Profile, June 17, 2018. Evidence, DNA Testing/Samples.
- Magistrate Judge: Change Rule of Evidence That Allows Prior Conviction to Impeach Witness, March 16, 2018. Evidence, Criminal Procedure.
- CA Court Rejects Inventory Search and Inevitable Discovery Arguments in Warrantless Search Case, Feb. 16, 2018. Evidence, Searches, Criminal Procedure.
- DNA Evidence: New Jersey Court Vacates Two 1996 Murder Convictions, Feb. 16, 2018. Evidence, Criminal Procedure.
- Texas State Jail Guard Indicted for Leaking Video of Tear Gassing, Jan. 31, 2018. Evidence, Pepper Spray/Tear Gas.