ONCALL
...Evidence
......Hearsay Except. Requiring Unavail
4 Cards On This Topic:

Statements by a non-testifying codefendant that implicate defendant are admissible if they are against the codefendant's interest and are not self-serving, exculpatory or collateral.

Defendant's purported declarations against penal interest were too self-serving and unreliable to be admitted against co-defendants; error was prejudicial.

Proper to allow audio/video tape of W’s preliminary hearing testimony after due diligence finding based on exhaustive search for W by DA investigator and case agent.

No error in admitting unavailable W’s out-of-court statements to O under the spontaneous statement exception where statement was nontestimonial and W evinced all the characteristics of shock shortly after the murder.