Ca. Litig. Rev. 2018


By Professor Chris Chambers Goodman & Caleb A. Miller

Take Another Look! California Edits Existing Evidence Codes and Expands Parameters in Case Law.

In 2018, the California Legislature enacted clarifications and expansions to statutes with a focus on sexual assault. The courts addressed what could be irrelevant, and took a slice out of Sanchez, expanding Expert Testimony reliance. Notable California Supreme Court cases clarified Witt errors, and noted additional distinctions between the guilt and penalty phase admissibility of evidence. We took another look at crimes involving moral turpitude, improper vouching, hearsay exceptions, non-truth purposes, non-propensity purposes of character evidence, and certification.

Part One of this article describes the notable amendments and additions to the California Evidence Code in 2018. Part Two addresses some Ninth Circuit evidence cases. There were no United States Supreme Court evidence rulings in 2018. Part Three summarizes California Supreme Court decisions on evidentiary issues. Part Four highlights selected Court of Appeal decisions.

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