Jul 6, 2020

"The motion in limine is basically a Sanchez motion."





Probable cause hearing on the petition to declare Ralph Horn a sexually violent predator was continued to July 6 since Horn wanted to be personally present.

At the last hearing, Deputy District Attorney Whitney Timm said the People planned to submit on documents. Today, she introduced four exhibits that were admitted as evidence.

The first was a certified copy of Horn's rap sheet. The second was a certified copy of the 969 b packet. The third and fourth exhibit were certified copies of Horn's pyschological evaluations by Dr. Parecki and Dr.Coles.

Deputy Public Defender Owen Tipps said he had no objection to the rap sheet and the 969 b packet. He objected to the doctors' reports. In court today,  Mr
 Tipps said he had a motion in limine to exclude the reports. Mr. Tipps gave copies of the motion to Ms. Timm and Judge Christopher Wilson in court.

"I do have the right to cross examine witnesses but I stand on my evidentiary objection," said Mr. Tipps.

Judge Wilson said, " we cannot do this today. The motion in limine is basically a Sanchez motion. "

Judge Wilson told Mr. Tipps he was going to give Ms. Timm time to file a response to the motion.

Regarding Mr. Tipps motion, Judge Wilson said, "The  petition by the DA was filed six months ago.  I could strike it as not timely but it is a valid objection. I will look at the First District case."


Find law defines 969 b as: "For the purpose of establishing prima facie evidence of the fact that a person being tried for a crime or public offense under the laws of this State has been convicted of an act punishable by imprisonment in a state prison, county jail or city jail of this State, and has served a term therefor in any penal institution, or has been convicted of an act in any other state, which would be punishable as a crime in this State, and has served a term therefor in any state penitentiary, reformatory, county jail or city jail, or has been convicted of an act declared to be a crime by any act or law of the United States, and has served a term therefor in any penal institution, the records or copies of records of any state penitentiary, reformatory, county jail, city jail, or federal penitentiary in which such person has been imprisoned, when such records or copies thereof have been certified by the official custodian of such records, may be introduced as such evidence."

"Sanchez motion":

You can read more about what Judge Wilson described as a "Sanchez motion" by searching on Google. According to the plaintiff magazine, "The Sanchez Court destroyed the ability to allow experts to rely on case-specific hearsay evidence unless it is subject to a hearsay exception. It purposefully and with specificity disapproved of prior California Supreme Court decisions which allowed such evidence to be relied upon and admitted."


The probable hearing was continued to tomorrow morning.

On May 16, 2019 Horn entered a plea to one count of sexual battery. He was sentenced. Horn is in custody.

Previous post:
https://johnchiv.blogspot.com/2020/06/petition-filed-to-have-convicted-sexual.html?m=1#more

No comments:

Post a Comment

Note: Only a member of this blog may post a comment.