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How to Challenge a "9-1-1" Call from an Alleged Victim in a Domestic Violence Case in California

This legal guide explains: (a) how a criminal defense attorney or Domestic Violence defendant in California can exclude from evidence a "9-1-1" call/recording made by the alleged victim; and (b) how to challenge that recording if the judge does admit it into evidence.

Additional resources provided by the author

1) The Confrontation Clause of the Sixth Amendment of the United States of the Constitution (applicable to all 50 states via the Fourteenth Amendment);
2) California Penal Code section 273.5(a) PC;
3) California Penal Code section 243(e)(1) PC;
4) California Evidence Code section 1200.

1) Ohio v. Roberts, 448 U.S. 56 (1980);
2) Crawford v. Washington, 541 U.S. 36 (2004);
3) Davis v. Washington, 547 U.S. 813 (2006);
4) Hammon v. Indiana, 546 U.S. 1213 (2006);
5) People v. Sanchez (2016) 63 Cal.4th 665 (California Supreme Court).

Secondary Sources:
1) Jeanine Percival, The Price of Silence: The Prosecution of Domestic Violence Cases in Light of Crawford v. Washington, 79 S. CAL. L. REV. 213, 234–37 (2005);
2) John M. Leventhal & Liberty Aldrich, The Admission of Evidence in Domestic Violence Cases after Crawford v. Washington: A National Survey, Berkeley J. Crim. L., vol. 11, issue 1, art. 3 (2006);
3) Justin Chou, Melendez-Diaz v. Massachusetts:Raising the Confrontation Requirements
for Forensic Evidence in California, Berkeley J. Crim. L. (May 13, 2010).

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