How have courts interpreted testimonial statements of a shooting victim who has been found dead in a parking lot?

California, United States of America


The following excerpt is from People v. Robles, B232828 (Cal. App. 2014):

In Michigan v. Bryant (2011) 562 U.S. ___ [131 S.Ct. 1143], police found the mortally wounded victim in a parking lot. His statements identifying his shooter and describing the shooting were not testimonial, because their primary purpose was to enable police to respond to an ongoing emergency. (Id. at p. 1150.) The statements were also not sufficiently formal: they were made in an exposed, public area, in a disorganized fashion, before emergency medical services arrived. (Id. at p. 1160; see also People v. Blacksher (2011) 52 Cal.4th 769, 811-816.)

Other Questions


How have courts interpreted testimonial statements by police officers responding to a shooting incident? (California, United States of America)
How have courts interpreted statements by a defendant to a victim that he "knew what he was doing" in the context of the shooting? (California, United States of America)
How have courts interpreted section 1016.5 of the California Immigration Code and how have the courts interpreted the word 'court' in that section? (California, United States of America)
How has the court interpreted the rules of evidence in cases dealing with self-confessed statements made outside of court? (California, United States of America)
Whether a court's ruling is based on oral testimony or written declarations, when conflicting inferences can reasonably be drawn from the facts, can the appellate court defer to the trial court's factual determinations? (California, United States of America)
What is the test for a motion where the Court of Appeal found that a lower court found that there was insufficient evidence to support the Plaintiff's claim? (California, United States of America)
How have courts interpreted section 1018 of the California Criminal Code when a defendant makes a statement in open court that authorizes or adopts a motion to withdraw his plea? (California, United States of America)
How have courts interpreted victim impact statements in civil cases? (California, United States of America)
How have the courts interpreted the prosecutor's statement that the jury's verdict must be based on the evidence presented in court? (California, United States of America)
How have courts interpreted hearsay statements by police responding to reports of a shooting? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.