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 ?

what chu got to say?!

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