July 11, 2007 Reasonable Doubts

FALSE STATEMENTS - JUDICIAL EXCEPTION

United States v. Horvath (9th Cir. 7/10/07, 06-30447) 07 C.D.O.S. 8124

False statements submitted to a judge by a party are exempt from punishment under 18 U.S.C. section 1001(a). The exception encompasses a false statement to a probation officer when (and only when) the probation officer is required by law to include such a statement in the presentence report.

HEARSAY - CRAWFORD - REALLY BAD DECISION FROM THE SECOND

People v. Saracoglu (Second Dist., 7/9/07, B182220) 07 C.D.O.S. 8130

Wife's statements to police, made at the station about 30 minutes after assault by defendant were spontaneous utterances admissible under Evidence Code section 1240 and were non-testimonial and therefore did not violate Crawford.

The AG actually conceded Crawford error, and the Second District disagreed! "Although the situation here falls somewhere in between the facts of Davis and the facts of Hammon, we conclude Rachel's initial conversation with Officer Hawkins was closer to Davis than to Hammon. Objectively viewed, the primary purpose of Rachel's initial interrogation by Hawkins was "to deal with a contemporaneous emergency, rather than to produce evidence about past events for possible use at a criminal trial." (People v. Cage, supra, 40 Cal.4th at p. 984.)"

Use Note: wrong!!! The statements here are pure Hammon: they were not made to enable the police to meet an ongoing emergency. The woman was in the police station, for crying out loud! What emergency?

PAROLE - FAILURE TO HOLD TIMELY HEARING REQUIRES RELEASE

In re Marquez (Sixth Dist., 7/10/07) 07 C.D.O.S. 8139

According to time lines agreed to by the State of California in Valdivia v. Davis (E.D. Cal. 2002) 206 F.Supp.2d 1068 and set out in Valdivia v. Schwarzenegger (Mar. 9, 2004, Civ. S-940671 LKK/GGH) (Valdivia), of which we took judicial notice, a parolee is supposed to receive a probable cause hearing within 10 business days of the day of receipt of notification of the parole violation charges, and a revocation of parole hearing within 35 calendar days of the parole hold date. Both hearings were late, counsel was not appointed in time, and the prisoner filed habeas petitions on each. The superior court ordered release. Held, this is the correct remedy.