• Posts by Duffy J. Magilligan
    Partner

    Donald J. Magilligan is a partner at Cotchett, Pitre & McCarthy based in the firm’s San Francisco office. Magilligan pursues justice on behalf of wildfire victims, families whose loved ones have died, victims of others’ fraud ...

Sanchez Update

I have previously written about the framework for analyzing Sanchez issues, and I explained that the answer turns on the difference between “background information” and “case-specific facts.” Last week, our Supreme Court reaffirmed that “the distinction between case-specific facts and background information thus is crucial—the former may be excluded as hearsay, the latter may not.” (People v. Veamatahau (2020) 9 Cal.5th 16, 26.)

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Understanding Sanchez

Since our Supreme Court decided People v. Sanchez (2016) 63 Cal.4th 665, lawyers and judges have struggled to understand its implications. I recently opposed a motion in limine titled “Defendant’s Motion to Preclude Expert Opinions Based on Hearsay (People v. Sanchez).” The caption alone showed that opposing counsel had not overcome that struggle.

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