CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay
......Hearsay Rule
.........Burden to Estab. Exception
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Trial court properly declined to recognize nonstatutory exception for D’s proposed hearsay evidence that V paid his rent shortly before murder and therefore had no money for D to steal.

W's testimony that, weeks after shooting, V1 came into body shop and said D had "shot him up" was an out-of-court statement, not coming w/in hearsay exception and offered for purpose of proving D shot V1—error harmless.

No exception to hearsay rule would have permitted D to introduce investigators' accounts of deceased Ws' statements and no indicia of reliability sufficient to justify new exception.

Mitigating hearsay evidence properly excluded where D failed to establish foundation for any exception.

Proponent of hearsay has to alert court to exception relied on and burden of laying proper foundation for that exception.