CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Exception: Decl. Against Interest
.........Types of Interests: Penal
............In General
 13 Cards On This Topic:
  • Statement against penal interest not inadmissible because of hearsay rule, provided declarant unavailable.
  • Statements against interest are exceptions to hearsay rule (Federal Rules Evid.).
  • D's death sentence reversed where actual killer's stmts that he acted alone w/out D's knowledge were so disserving to his interests [EC §1230] that a reasonable person would not have made them unless true.
  • Exclusion of accomplice’s statements to witnesses that D did not participate in killing V did not require reversal of special circumstance and death sentence as error, if any, was harmless.
  • No abuse of discretion in finding MM leader's stmts against his penal interest when he discussed V, a former member, and said he needed a silencer, and just wanted to kill him, not the little kids.
  • Trial ct.’s exclusion of testimony re D’s statements did not violate his constit'l rights where they were self-serving and inherently suspect—not “well within the basic rationale of the exception for declarations against interest.”
  • D's brother's incriminating statements to 3d party properly entered as against brother's penal interest where they rendered him liable for arson, and accessory to murder.
  • CoD’s statement was not admissible under the declaration against interest exception because it was not specifically disserving of coD and lacked trustworthiness.
  • Inculpatory statements co-D made to others were nontestimonial and not a confrontation clause violation—they were properly admitted either as declarations against interest or in furtherance of conspiracy to murder.
  • Evidence of a statement made by D to neighbor re underlying incident properly presented at trial as against nondeclarant co-Ds.
  • D's declarations against interest may be received in joint trial without denying co-D's right of confrontation.
  • Types of interest-penal.
  • Statements made 30 minutes after shooting by suspect admitting that he did shooting improperly excluded at trial of another for same crime; procedure to be followed in admitting.


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