Law Practice,
Evidence
Apr. 24, 2024
Reflecting on spontaneous statements
The welter of exceptions to the Rule against Hearsay—besides resembling something from the old boardgame Mousetrap—tends to include many exceptions that appear to have been handed down from long ago through the common law as a form of folk wisdom.
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Can a statement about events five years in the past be admitted as a “spontaneous statement” under the exception to the Rule Against Hearsay set out in Evidence Code § 1240? The California Court of Appeal for the First Circuit, Division 3 dealt with that question recently, in People v. Lozano (Apr. 10, 2024) A165646, 2024 WL 1550785. The court concluded that, because the declarant had had time to reflect on her statement and had in fact re...