Category: Digital

Major Exceptions To The Hearsay Rule   REVIEW OF THE CALIFORNIA HEARSAY RULE – EVIDENCE CODE 1200 California’s “hearsay rule,” defined under Evidence Code 1200, is a law that states…

RULES OF ADMISSIBILITY Evidence Admissibility   WHAT ARE THE RULES OF ADMISSIBILITY IN CALIFORNIA CRIMINAL CASES? In any criminal trial, the prosecution bears the burden of proving the defendant’s guilt…

Supreme Court Case Regarding Disclosure of Records Contained in Private Accounts   On March 2, 2017, the California Supreme Court, in City of San Jose v. Superior Court of Santa Clara…

City of San Jose v. Superior Court (Ted Smith) Releasing Private Text/Phone Records of Government  Employees City of San Jose v. Superior Court (Ted Smith) Opinion Summary Petitioner requested disclosure…

Anti-SLAPP Law in California 1st Amendment Freedom of Press & Speech What is Anti-SLAPP? Short for strategic lawsuits against public participation, SLAPPs have become an all-too-common tool for intimidating and silencing…

Yes, If They Have Verified Proof You Not Only Typed the Message and But You Sent it, Then Your Text Messages Can Be Used In Court Sometimes the so-called victim…

Introducing Digital Evidence in California State Courts In order to introduce documentary and electronic evidence obtained in compliance with California Electronic Communication Privacy Act (Penal Code §§ 1546.1 and 1546.…

What is Exculpatory Evidence? – Definition, Examples & Importance Exculpatory evidence is any evidence in a criminal trial that supports the idea that the defendant is not guilty. In this…

Can I Use Text Messages in My California Divorce ?   If you are going through a divorce, you may be wondering what types of evidence you can use that…

Two-Steps And Voila: How To Authenticate Text Messages   When confronted with an issue of first impression – how to authenticate text messages – the Colorado Court of Appeals chose…