Bench Memo IPG #45 (Forfeiture by Wrongdoing Doctrine and Hearsay Exception)

I.
BENCH MEMO ON THE FORFEITURE BY WRONGDOING DOCTRINE AND HEARSAY EXCEPTION (EVIDENCE CODE SECTION 1390)

This bench memo is being provided to give this Court an overview of the various elements of doctrine of forfeiture by wrongdoing exception to the mandate of the Confrontation Clause and the hearsay exception of Evidence Code section 1390 which overlaps with the Confrontation Clause exception. It will discuss the case law developed in response to some of the common issues arising when seeking to apply the doctrine and section 1390.

Category

The Inquisitive Prosecutor's Guide

Topic

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