However, other-crimes evidence must be excluded if its probative value is outweighed by its prejudicial effect (Evid. Code, § 352), or if the evidence is "'merely cumulative with respect to other evidence which the People may use to prove the same issue ...'" (People v. Thompson (198...
Code, among which crimes is the charge under a section of the Penal Code of lewd and lascivious acts against a child. Although the statement was hearsay, it was clearly admissible under the spontaneous declaration rule established by section 1240, subdivision (b), of the Evidence Code. It ...
In addition, viewing the facts in the light most favorable to IEG, even if the Court inferred that either Michaels or Lee is lying to conceal the fact that one of them gave a copy of the Tape to an unknown agent for purposes of negotiating a distribution deal, there is no evidence ...
Email: caraentz | at | iniziointerventions.com Web: http://iniziointerventions.com Inizio is an ABA agency providing evidence based behavior interventions for individuals with autism, Asperger's, ADHD, other developmental disabilities and any condition that would benefit from behavior change.INFORM...
with threw gasoline on me." Kunitz did not remember any lapse of time between the question and the answer. Kunitz repeated the question and McKinney gave the same answer. The court found McKinney's statement qualified as a spontaneous declaration under California Evidence Code section 1240. fn....