Law Practice,
Government
Aug. 15, 2023
Recanted statements can’t be used to imprison someone
The ruling is expected to affect future cases, in which reluctant women often refuse to testify against their partners while prosecutors — even if they drop new charges — seek to revoke their probation and send them to prison.
Resolving a long-standing dispute, the state Supreme Court ruled Monday that prosecutors cannot use a woman’s “spontaneous statements” to a police officer when she alleges an assault by her ex-boyfriend to put him behind bars in a probation revocation hearing without cross-examination.
Reversing a decision by a 2nd District Court of Appeal panel, Chief Justice Patricia Guerrero — writing for a unanimous court — disapproved a 2009 ruling th...
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