CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay
......Hearsay Rule
.........Self-Serving Statements
5 Cards On This Topic:

Trial court did not err by concluding D's self-serving and uncorroborated taped statements to police, though relevant, were not as highly reliable as was the hearsay statement in Green v. Georgia.

D's 1st interview tape, on which he cried and showed remorse, properly excluded as self-serving, exculpatory hearsay.

Trial court properly excluded D’s emotional postarrest interrogation, where tape contained inadmissible statements as well as nonassertive, nonhearsay conduct.

No abuse of discretion in denying admission of D's exculpatory stmt under EC 356 where court reasonably determined admissions and stmt were made at different times and stmt was not needed to make prior admissions understood.

Self-serving statement not excluded by hearsay rule on basis of self-serving nature alone.