Hosek v. Superior Court

Opinion

VARTABEDIAN, J.

In Whitman v. Superior Court (1991) 54 Cal.3d 1063 [2 Cal.Rptr. 160, 820 P.2d 262], the Supreme Court held that at a preliminary examination conducted pursuant to Penal Code section 872 1 an investigating officer is permitted to testify to hearsay statements he has gathered in the course of his investigation. In the present case, petitioner contends we should exclude from this rule the hearsay statements of forensic experts, or at least we should hold that the hearsay in this case was unreliable. We reject both suggestions. Nothing in Proposition 115 provides a basis for…