Chapter 5 - §6. Procedure for excluding evidence

• Jurisdiction: United States

§6. Procedure for excluding evidence

When challenging the admissibility of evidence under the Confrontation Clause, counsel should consider (1) the available procedural mechanisms for such a challenge and (2) the associated burden of proof.

§6.1. Procedural mechanisms. To exclude evidence based on a violation of the Confrontation Clause, the defendant must take affirmative action or risk waiving the issue. See People v. D'Arcy (2010) 48 Cal.4th 257, 289-90. The methods for seeking exclusion based on a Confrontation Clause violation are procedurally identical to the methods for seeking exclusion of an involuntary statement (i.e., common-law pretrial motion, motion in limine, or objection). See, e.g., People v. Lopez (2013) 56 Cal.4th 1028, 1052-53 (D brought Bruton-Aranda motion to sever case or redact any reference to D from codefendant's out-of-court statement), overruled on other grounds, People v. Rangel (2016) 62 Cal.4th 1192; People v. Osorio (4th Dist.2008) 165 Cal.App.4th...