answer to a simple inquiry in California

2025Thus, an answer to a simple inquiry has been held to be spontaneous. [Citations.] More detailed questioning, in contrast, is likely to deprive the response of the requisite spontaneity. [Citations] But ultimately each fact pattern must be considered on its own merits, and the trial court is vested with reasonable discretion in the matter.” (People v. Farmer (1989) 47 Cal.3d 888 , 903-904, disapproved on other grounds in People v. Waidla (2000) 22 Cal.4th 690, 724, fn. 6 .) The questions in this case that pertained to the stabbing, and not to Scott’s injuries, were quite simple and were not det

2022(See People v. Farmer (1989) 47 Cal.3d 888, 904 , overruled on another point in People v. Waidla (2000) 22 Cal.4th 690, 724, fn. 6 [“an answer to a simple inquiry has been held to be spontaneous,” and “detailed questioning, in contrast, is likely to deprive the response of the requisite spontaneity”].) As the trial court put it, “all [the officer] got was, basically, two sentences . . . that two males robbed him at gunpoint, kicked him, took $700, and he pointed towards the church.” Accordingly, we conclude that the victim’s statement was sufficiently spontaneous that the juvenile court did no

2025Thus, an answer to a simple inquiry has been held to be spontaneous. [Citations.] More detailed questioning, in contrast, is likely to deprive the response of the requisite spontaneity. [Citations] But ultimately each fact pattern must be considered on its own merits, and the trial court is vested with reasonable discretion in the matter.” (People v. Farmer (1989) 47 Cal.3d 888 , 903-904, disapproved on other grounds in People v. Waidla (2000) 22 Cal.4th 690, 724, fn. 6 .) The questions in this case that pertained to the stabbing, and not to Scott’s injuries, were quite simple and were not det

2022(See People v. Farmer (1989) 47 Cal.3d 888, 904 , overruled on another point in People v. Waidla (2000) 22 Cal.4th 690, 724, fn. 6 [“an answer to a simple inquiry has been held to be spontaneous,” and “detailed questioning, in contrast, is likely to deprive the response of the requisite spontaneity”].) As the trial court put it, “all [the officer] got was, basically, two sentences . . . that two males robbed him at gunpoint, kicked him, took $700, and he pointed towards the church.” Accordingly, we conclude that the victim’s statement was sufficiently spontaneous that the juvenile court did no

2013When and where did it happen?) are routine, nonsuggestive inquiries that do not bar application of the spontaneous utterance exception to the hearsay rule. 16 (People v. Saracoglu, supra, 152 Cal.App.4th at p. 1590 ; see also People v. Farmer, supra, 47 Cal.3d at p. 904 [“The fact that a statement is made in response to questioning is one factor suggesting the answer may be the product of deliberation, but it does not ipso facto deprive the statement of spontaneity”].) An answer to a simple inquiry may be spontaneous.

2013Thus, an answer to a simple inquiry has been held to be spontaneous." (Italics added.) In a domestic violence case, People v. Saracoglu (2007) 152 Cal.App.4th 1584 , the victim arrived at a police station after arguing with her husband.

2021Thus, an answer to a simple inquiry has been held to be spontaneous. [Citations.] More detailed questioning, in contrast, is likely to deprive the response of the requisite spontaneity. [Citations.] But ultimately each fact pattern must be considered on its own merits. . . .” ( Farmer, supra, 47 Cal.3d at pp. 903–904.) “ ‘Neither lapse of time between the event and the declarations nor the fact that the declarations were elicited by questioning deprives the statements of spontaneity if it nevertheless appears that they were made under the stress of excitement and while the reflective powers we

2015Thus, an answer to a simple inquiry has been held to be spontaneous. [Citations.] More detailed questioning, in contrast, is likely to deprive the response of the requisite spontaneity. [Citations.] But ultimately each fact pattern must be considered on its own merits, and the trial court is vested with reasonable discretion in the matter. [Citation.]” (People v. Farmer, supra, 47 Cal.3d 888 , 903–904; People v. Gutierrez, supra, 45 Cal.4th at pp. 810–811.) “ ‘Neither lapse of time between the event and the declarations nor the fact that the declarations were elicited by questioning deprives t

2015Thus, an answer to a simple inquiry has been held to be spontaneous. [Citations.] More detailed questioning, in contrast, is likely to deprive the response of the requisite spontaneity. [Citations.] But ultimately each fact pattern must be considered on its own merits, and the trial court is vested with reasonable discretion in the matter. [Citation.]” (People v. Farmer, supra, 47 Cal.3d 888 , 903–904; People v. Gutierrez, supra, 45 Cal.4th at pp. 810–811.) “ ‘Neither lapse of time between the event and the declarations nor the fact that the declarations were elicited by questioning deprives t

2009(Id., subd. (b).)’ [Citation.] For purposes of the exception, a statement may qualify as spontaneous if it is undertaken without deliberation or reflection. [Citation.] Although . . . responses to detailed questioning are likely to lack spontaneity, ... an answer to a simple inquiry may be spontaneous. [Citation.] The trial court must consider each fact pattern on its own merits and is vested with reasonable discretion in the matter. [Citation.]” (People v. Morrison (2004) 34 Cal.4th 698, 718-719 [ 21 Cal.Rptr.3d 682 , 101 P.3d 568 ] (Morrison).) “The decision to admit evidence under . . . sec

2016(See People v. Brenn (2007) 152 Cal.App.4th 166, 173 [admitting statements by victim in response to questioning within minutes of stabbing]; People v. Farmer, supra, 47 Cal.3d at p. 904 [“an answer to a simple inquiry has been held to be spontaneous”]; People v. Washington (1969) 71 Cal.2d 1170, 1176 [“the fact that the declarations were elicited by questioning [does not] deprive[] the statements of spontaneity if it nevertheless appears that they were made under the stress of excitement and while the reflective powers were still in abeyance”].) Such concerns weigh more heavily in cases where

2016(See People v. Brenn (2007) 152 Cal.App.4th 166, 173 [admitting statements by victim in response to questioning within minutes of stabbing]; People v. Farmer, supra, 47 Cal.3d at p. 904 [“an answer to a simple inquiry has been held to be spontaneous”]; People v. Washington (1969) 71 Cal.2d 1170, 1176 [“the fact that the declarations were elicited by questioning [does not] deprive[] the statements of spontaneity if it nevertheless appears that they were made under the stress of excitement and while the reflective powers were still in abeyance”].) Such concerns weigh more heavily in cases where

2013(People v. Farmer (1989) 47 Cal.3d 888, 903-904 .) In discussing the absence of evidence of the lapse of time between his threat and the 911 call (an argument that defendant impermissibly raises for the first time in his reply brief (Sourcecorp, Inc. v. Shill (2012) 206 Cal.App.4th 1054, 1061, fn. 7 )), defendant claims 5 the girlfriend’s “mental state is not entirely clear . . . [and] the court cannot ensure she was in a frantic state.” This completely disregards the trial court’s express finding that the victim’s voice was fear-choked.

1989(See, e.g., People v. Washington, supra, 71 Cal.2d at pp. 1176-1177; In re Damon H. (1985) 165 Cal.App.3d 471, 475 [ 211 Cal.Rptr. 623 ]; People v. Bernalley (1960) 185 Cal.App.2d 326, 329-330 [ 8 Cal.Rptr. 375 ].) More detailed questioning, in contrast, is likely to deprive the response of the requisite spontaneity.

1989(See, e.g., People v. Washington, supra, 71 Cal.2d at pp. 1176-1177; In re Damon H. (1985) 165 Cal.App.3d 471, 475 [ 211 Cal.Rptr. 623 ]; People v. Bernalley (1960) 185 Cal.App.2d 326, 329-330 [ 8 Cal.Rptr. 375 ].) More detailed questioning, in contrast, is likely to deprive the response of the requisite spontaneity.

1989(See, e.g., People v. Washington, supra, 71 Cal.2d at pp. 1176-1177; In re Damon H. (1985) 165 Cal.App.3d 471, 475 [ 211 Cal.Rptr. 623 ]; People v. Bernalley (1960) 185 Cal.App.2d 326, 329-330 [ 8 Cal.Rptr. 375 ].) More detailed questioning, in contrast, is likely to deprive the response of the requisite spontaneity.

1989(See, e.g., People v. Washington, supra, 71 Cal.2d at pp. 1176-1177; In re Damon H. (1985) 165 Cal.App.3d 471, 475 [ 211 Cal.Rptr. 623 ]; People v. Bernalley (1960) 185 Cal.App.2d 326, 329-330 [ 8 Cal.Rptr. 375 ].) More detailed questioning, in contrast, is likely to deprive the response of the requisite spontaneity.