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Evidence,
Ethics/Professional Responsibility

Feb. 4, 2026

AI-generated evidence in California courts: Authentication, hearsay and professional competence

See more on AI-generated evidence in California courts: Authentication, hearsay and professional competence

Marshall R. Cole

Trial Attorney
Nemecek & Cole

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AI-generated evidence in California courts: Authentication, hearsay and professional competence

In May 2025, an Arizona judge permitted what appears to be the first AI-generated victim impact statement in American legal history. Christopher Pelkey, murdered three years earlier in a road rage incident, "spoke" to the court through an AI recreation of his face and voice. Judge Todd Lang praised the presentation, stating "I loved that AI," and sentenced defendant Gabriel Horcasitas to 10.5 years for manslaughter--18 months beyond the prosecution's request. Defense counse...

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