SAN DIEGO CRIMINAL DEFENSE: CALIFORNIA SUPREME COURT DECLARES NICOLE BROWN SIMPSON HEARSAY RULE UNCONSTITUTIONAL
California Evidence Code sec. 1370 (aka: the Nicole Brown Simpson hearsay exception) creates an exception to the hearsay rule for statements made by someone describing a threat or actual infliction of harm where the person is unavailable.
The California Supreme Court recognized that the videotaped interview of the witness who was unavailable for trial, which would be admissible under California Evidence Code sec. 1370, violates Crawford (541 U.S. 36) and confrontation; since it is purely testimonial.
Now, anytime a prosecutor tries to use California Evidence Code sec. 1370 for a statement made to the police, the analysis here ought to close the door.
Since the context here is a death penalty case, the California Supreme Court finds harmless
error and affirms the death verdict.
People v. Livingston; 2012 DJ DAR 5410; DJ, 4/27/12; Cal. Supremes