Can a defendant appeal against a finding that a statement made by a witness was hearsay?

California, United States of America


The following excerpt is from People v. Blair, 159 Cal.Rptr. 818, 25 Cal.3d 640, 602 P.2d 738 (Cal. 1979):

[25 Cal.3d 665] On appeal defendant admits that the court correctly ruled that the statements were hearsay and did not come within the exception to the hearsay rule stated in section 1237 of the Evidence Code. But, he claims, technicalities do not always comport with due process, and in view of the importance of the evidence to the defense, the statements should not have been excluded merely because they did not come within any recognized exception to the hearsay rule. Defendant cites Chambers v. Mississippi (1973) 410 U.S. 284, 93 S.Ct. 1038, 35 L.Ed.2d 297, in support of this assertion. 24

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