People v Sanchez

by Kenneth A. Reed on Mar. 24, 2020

Criminal Other  Education Government  US Courts 

Summary: In ruling in People v Sanchez the Court held that an expert cannot relate case-specific hearsay to explain the basis for his or her opinion unless the facts are independently proven or fall within a hearsay exception.

In People v. Sanchez (2016) 63 Cal.4th 665, yesterday the Court held that an expert cannot relate case-specific hearsay to explain the basis for his or her opinion unless the facts are independently proven or fall within a hearsay exception. The Court concluded that if the prosecution expert seeks to relate testimonial hearsay, the confrontation clause is violated unless there is a showing of unavailability and the defendant had a prior opportunity for cross-examination or forfeited that right. The Court granted review in Perez to determine whether a defendant’s failure to object at trial, before Sanchez was decided, forfeited a claim that a gang expert’s testimony related case-specific hearsay in violation of the confrontation clause. 

Decision:   The Cal Supremes decided that a defense counsel’s failure to object under such circumstances does not forfeit a claim based upon Sanchez. Accordingly, the Court resurrected Perez’ Sanchez claim from appellate court issue graveyard where it was relegated Court of Appeal here, which reached the opposite conclusion.

Legal Articles Additional Disclaimer

Lawyer.com is not a law firm and does not offer legal advice. Content posted on Lawyer.com is the sole responsibility of the person from whom such content originated and is not reviewed or commented on by Lawyer.com. The application of law to any set of facts is a highly specialized skill, practiced by lawyers and often dependent on jurisdiction. Content on the site of a legal nature may or may not be accurate for a particular state or jurisdiction and may largely depend on specific circumstances surrounding individual cases, which may or may not be consistent with your circumstances or may no longer be up-to-date to the extent that laws have changed since posting. Legal articles therefore are for review as general research and for use in helping to gauge a lawyer's expertise on a matter. If you are seeking specific legal advice, Lawyer.com recommends that you contact a lawyer to review your specific issues. See Lawyer.com's full Terms of Use for more information.

Now Chatting...