Does the Attorney General have to defend the admission of a statement in the California Superior Court of Justice that refers to sexual assault?
California, United States of America
The following excerpt is from People v. Jefferson, B240068 (Cal. App. 2013):
The Attorney General does not seek to defend the admission of the statement on the basis of either Evidence Code section 791, subdivisions (a) or (b). Instead, the Attorney General defends the admission of this evidence based on the "negative evidence" exception to Evidence Code section 791, subdivision (b) first recognized in People v. Gentry (1969) 270 Cal.App.2d 462.
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