CALIFORNIA EVIDENCE CODE SECTION AUTHORED BY ALLAN J. FAVISH
Originally authored by Allan J. Favish and introduced by the late Assembly Member Bernie Richter (R-Chico), it established a new section in California's Evidence Code (Sec. 1370) that will allow for the admission of evidence like Nicole Brown's diary statements describing her abuse from Orenthal J. Simpson. Under Mr. Richter's leadership, other major authors included J. Clark Kelso, Gregory Totten and Stephen Birdlebough. The bill was signed by former Governor Pete Wilson.
In Guardianship of Simpson,
67 Cal.App.4th 914, 79 Cal.Rptr.2d 389
(1998) 
(84 KB) the
California Court of Appeal used the law to find that
trial court judge Nancy
Wieben Stock erred in refusing to admit into evidence entries from
Nicole's diaries relating to domestic violence issues when ruling on the
guardianship of Simpson's children.
In People v. Hernandez,
71 Cal.App.4th 417, 83 Cal.Rptr.2d 747
(1999) (31 KB) the
California Court of Appeal held that Evid.
C. § 1370 was constitutional.
