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California's Secondary Evidence Rule (Part 1)

By Walin & Klarich

THE ADMISSIBILITY OF A WRITING IN COURT REQUIRES ANALYSIS UNDER THE BEST EVIDENCE RULE, KNOWN IN CALIFORNIA AS THE SECONDARY EVIDENCE RULE PEOPLE v. COON Faxed copies of documents properly admitted per secondary evidence rule where no genuine dispute existed as to authenticity. FACTS: A jury convicted James Dale Coon of transporting methamphetamine possessing methamphetamine for sale, receiving a stolen vehicle, being a felon in possession of a firearm, being a felon in possession of ammunition, and possessing a vehicle component with a defaced or destroyed identification number. In a separate proceeding, the trial court found true allegations Coon committed counts 1, 2, 6, 9, and 10 while out on bail. The trial court sentenced Coon to a term of 3 years 4 months in prison...continue to full post

Full post as published by Southern California Criminal Defense Blog on June 08, 2009 (boomark / email).