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Keywords

liabilitystatuteappealtrialtrustwillfelonyhearsayadmissibility
statuteappealtrialappellant

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People v. McVey, 24 Cal.App.5th 405, 233 Cal.Rptr.3d 915, 18 Cal. Daily Op. Serv. 5737, 2018 Daily Journal D.A.R. 5658

Facts

Troy T. McVey was convicted of voluntary manslaughter and felony vandalism after a series of events on January 4, 2015, where he shot a homeless man, Richard Miller, following a confrontation. McVey had previously purchased what he believed to be cocaine, which turned out to be powdered sugar, leading to his anger and vandalism of a car. During an encounter with Miller, who was panhandling, McVey shot him multiple times, resulting in Miller's death. The case involved the admissibility of medical records and police reports regarding Miller's mental health and past behavior.

In the late night hours of January 4, 2015, appellant and his friend, Coby, were walking on Cahuenga Boulevard in Hollywood. Appellant was carrying a semiautomatic .22-caliber handgun in his waistband behind his back. The magazine was fully loaded and there was a round in the chamber; the gun was cocked, and the safety was off.

Issue

Whether the trial court erred in excluding evidence of the victim's mental health records and police reports, and whether the court should have reconsidered the firearm enhancement under the new statute.

Whether the trial court erred in excluding evidence of the victim's mental health records and police reports, and whether the court should have reconsidered the firearm enhancement under the new statute.

Rule

The business records exception to the hearsay rule allows for the admission of records if they were made in the regular course of business, at or near the time of the event, and authenticated by a qualified witness. The trial court has broad discretion to determine the admissibility of evidence and its rulings will not be disturbed absent a showing of abuse.

Analysis

The trial court found that the medical records and police reports did not meet the foundational requirements for the business records exception, as they were not properly authenticated and contained multiple layers of hearsay. The court's discretion in excluding these records was upheld, as the evidence did not demonstrate reliability or trustworthiness. Additionally, the court determined that even if the new statute allowed for reconsideration of the firearm enhancement, the trial court's comments indicated it would not have exercised that discretion.

The record on appeal in this case demonstrates that the sources of the medical records were third party entities which could supply no information about who prepared the documents, the circumstances and method of preparation, how the records were maintained by the hospital, or even whether the copies provided were the complete records.

Conclusion

The Court of Appeal affirmed the trial court's decision, upholding the exclusion of the evidence and the firearm enhancement.

The Court of Appeal, Lui, P.J., held that the trial court properly exercised its discretion in excluding the documents.

Who won?

The People prevailed in this case, as the Court of Appeal affirmed the trial court's rulings regarding the exclusion of evidence and the firearm enhancement. The court found that the trial court acted within its discretion in determining that the medical records and police reports were inadmissible due to lack of proper authentication and reliability. The court's reasoning emphasized the importance of adhering to evidentiary standards to ensure a fair trial.

The People prevailed in this case, as the Court of Appeal affirmed the trial court's rulings regarding the exclusion of evidence and the firearm enhancement.

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