CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Exception: Decl. Against Interest
.........Types of Interests: Penal
............Sufficient Indicia of Trustworthiness
8 Cards On This Topic:

Proper to conclude W's stmt was hearsay and not against penal interest where he justified his actions rather than incriminate himself, made stmt intending to claim self-incrimination, and gave minimal account of D's actions.

Trial court properly excluded V's wife's inculpatory statement as untrustworthy and not admissible under EC 1230 statement against penal interest.

Credibility of in-court witness not a proper consideration in determining admissibility of declaration against penal interest.

Focus of declaration against interest exception to hearsay rule is on trustworthiness of statement.

Error to exclude from evidence co-defendant's statement against penal interest where the record showed it was sufficiently trustworthy.

Trial ct. properly excluded extrajudicial statement against penal interest where it was unreliable.

Testimony by D re another's admissions re crime properly excluded; lack indicia of trustworthiness.

Trial court may consider circumstances under which declaration was uttered and possible motivation of declarant and his relationship to D.