CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay Except. Requiring Unavail
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Exception: Decl. Against Interest
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Types of Interests: Penal
............Sufficient Indicia of Trustworthiness
6 Cards On This Topic:
Proper to conclude W's stmt was hearsay and not against penal interest where he justified his actions rather than incriminate himself, made stmt intending to claim self-incrimination, and gave minimal account of D's actions.
Trial court properly excluded V's wife's inculpatory statement as untrustworthy and not admissible under EC 1230 statement against penal interest.
Credibility of in-court witness not a proper consideration in determining admissibility of declaration against penal interest.
Focus of declaration against interest exception to hearsay rule is on trustworthiness of statement.
Testimony by D re another's admissions re crime properly excluded; lack indicia of trustworthiness.
Trial court may consider circumstances under which declaration was uttered and possible motivation of declarant and his relationship to D.