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California's Secondary Evidence Rule (Part 2)

By Walin & Klarich

Continued here is a discussion of People v. Coon in which the admissibility of writing in court, such as faxed documents, calls for analysis under the Best Evidence Rule, referred to as the Secondary Evidence Rule in California. James Dale Coon challenged his charges in a California appeal based on the argument that the trial court prejudicially erred in admitting faxed copies of certified court records to determine he was on bail when he committed the crimes. Concern included matters relating to a purported copy of a writing in the custody of a public entity, or of an entry in the writing, is prima facie evidence of the existence and content of the writing or entry. A copy of a certified copy of an official record is admissible unless there is a genuine question as to the authenticity or contents of the original, or it would be unfair to admit the copy in lieu of the original...continue to full post

Full post as published by Southern California Criminal Defense Blog on June 09, 2009 (boomark / email).