Set to go into effect on July 1, 2023, is new California Civil Code §§ 3273.50 to 3273.55 (AB 1594), authored by Assembly Member Phil Ting (D-San Francisco). The meat of this new legislation is contained in subdivision (c) of section 3273.51, and section 3273.52. Section 3273.51(c) mandates that a “firearm industry member shall not manufacture, market, import, or offer for wholesale . . . or retail sale a firearm-related product that is abnormally dangerous and likely to create an unreasonable risk or harm to public health and safety in California.”
In Part I of our discussion of the Opinion Evidence Rule we explored when a lay person’s opinion using observations and descriptions is admissible. In Part II, we dig deeper into the quantification of evidence: speed, size, sound, physical characteristics and the properties of substances including drugs, blood and more.
When can non-expert opinions be admissible in court? In this article From the Classroom series, we discuss the Opinion Evidence Rule and when a lay person’s -- even a veteran officer’s -- observations and descriptions can be used to clarify for the trier of fact.
For three centuries, courts around the world have recognized that someone’s dying words are important – so crucial that they should be believed and allowed in court after the victim has died. We discuss the specifics here.
What if a witness recants their interview answers later in court? What if they can’t remember what they said? Their statements may be used in court if they meet one of the exceptions to the Hearsay Evidence Rule.
CA Appellate Courts in Conflict over "Creative Expression " -Fourth DCA rejects retroactive application of 352.2 E.C. - a conflict that will need to be decided by the CA Supreme Court.
Burglary conviction reversed when trial court judge erroneously modified the definition of theft. This case emphasizes the proper approach in proving the premeditation element of 459 P.C
The majority of the federal Circuit Courts of Appeal have held that a private citizen has a First Amendment right to videotape public officials in public, but for "livestreaming" the issues are a bit different.
Unnecessarily honking one’s car horn is a violation of V.C. § 27001, even when done for the purpose of expressing a political or social viewpoint.
"From the Classroom" - This is the seventh in a series of bulletins covering the California Evidence Code and criminal investigations. We begin covering the Hearsay Evidence Rule as it relates to an officer, deputy, or investigator giving testimony in court (140 E.C.).
