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Evidence--Relying on Case-Specific Hearsay Contained in Psychological Evaluations in Finding Probable Cause to Commit Petitioner as SVP

Did the superior court violate the rule of People v. Sanchez (2016) 63 Cal.4th 665--that an expert cannot relate case-specific hearsay unless the facts are independently proved or covered by a hearsay exception--by relying on case-specific hearsay contained in psychological evaluations in finding probable cause to commit petitioner under the Sexually Violent Predator Act? (Walker v. Superior Court (2020) 51 Cal.App.5th 682, review granted 9/9/2020 (S263588/A159563).)

On 9/11/2020, the court expanded the issues to be briefed and argued to include: Do defendants in Sexually Violent Predator Act (SVPA) proceedings have a due process right to confront and cross-examine witnesses presenting contested hearsay evidence?

Review on this issue has also been granted with briefing deferred in:

  • In re Morse (2021) 59 Cal.App.5th 607, review granted 3/17/2021 (S266884/D077483)

Updated: 3/17/2021

Return to: California Supreme Court Pending Issues.

 

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