say what now?!

Probation revocation reversed because even though hearsay was admissible at the contested hearing as a spontaneous statement, its admission violated Due Process. The record was silent as to why c/w didn’t testify and there was no finding of unavailability.

Guys, this is probably the most beautiful thing I’ve ever seen written about the admission of hearsay at a PV hearing:

“Because reliability bears directly upon the “significance of the particular evidence [proffered] to a factual determination relevant to a finding of violation of probation” (Arreola, supra, 7 Cal.4th at p. 1160), it certainly has a place in the case-by-case weighing of interests required by Arreola. But it is only one of several factors to be weighed, and it must not be assigned dispositive weight in all cases to the exclusion of other factors—which is what Stanphill does by creating a categorical test that turns solely on Evidence Code section 1240. While, unquestionably, excited utterances may be uniquely valuable as a form of hearsay, that does not mean they must be treated as effectively irrebuttable. “Dispensing with confrontation because testimony is obviously reliable is akin to dispensing with jury trial because a defendant is obviously guilty.” (Crawford, supra, 541 U.S. at p. 62.)”

(People v. Liggins (today) A156843)…outta SF.

Also, if you don’t love this you don’t love NBA basketball:

“Here on appeal, the Attorney General does not argue that a showing of good cause could have been made; nor does he contend that, had there been such a showing, it would have outweighed Liggins’s right to confront Roy. And he makes no attempt to argue lack of prejudice, under any standard. Because prejudice is uncontested, the error in admitting the challenged statements requires reversal.” #youhadonejob #doesnotORcannot ?

Published by Jenny Brandt

About Me: sociology, african american studies, chicano/a studies, critical race studies, and criminal law scholar. public school kid from kindergarten-J.D. Former public defender. I am a post-conviction guru. Appeals. Sentencing. Withdraw Pleas. Habeas. Published author in the Criminal Law Bulletin and California Defender. "I do it for the joy it brings, because I'm a joyful girl, because the world owes me nothing, and we owe each other the world." Why I started JJC: My PD buddy suggested it. What and who JJC is inspired by: public defenders I have worked for, with, and next to. my clients who have battled things no one should and are still here. innocence and guilt and everything in between. My coworkers, who fight just as hard as the PDs I love, for many of the same reasons. My husband who was once voted "most Christ like" (every Jewish girl's dream). My Corgi who loves everyone. The constitution. Tabloids. My mom, for giving me a voice. My dad, for teaching me what to say. My brother, for teaching me how to say it.

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