Can an adoptive admission be admitted into evidence without violating the Sixth Amendment?

California, United States of America


The following excerpt is from People v. Jennings, 114 Cal.Rptr.3d 133, 237 P.3d 474, 50 Cal.4th 616 (Cal. 2010):

Moreover, it is well settled that an adoptive admission can be admitted into evidence without violating the Sixth Amendment right to confrontation on the ground that once the defendant has expressly or impliedly adopted the statements of another, the statements become his own admissions, and are admissible on that basis as a well-recognized exception to the hearsay rule. [Citations.] ( People v. Cruz (2008) 44 Cal.4th 636, 672, 80 Cal.Rptr.3d 126, 187 P.3d 970.) Being deemed the defendant's own admissions, we are no longer concerned with the veracity or credibility of the original declarant.

[50 Cal.4th 662]

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