What are the factors used by courts to determine whether a declarant made a false and misleading statement?

California, United States of America


The following excerpt is from People v. Gorostiza, F075943 (Cal. App. 2020):

"A number of factors may inform the court's inquiry as to whether the statement in question was made while the declarant was still under the stress and excitement of the startling event and before there was 'time to contrive and misrepresent.' [Citation.] Such factors include the passage of time between the startling event and the statement, whether the declarant blurted out the statement or made it in response to questioning, the declarant's emotional state and physical condition at the time of making the statement, and whether the content of the statement suggested an opportunity for reflection and fabrication. [Citations.] This court has observed, however, that these factors 'may be important, but solely as an indicator of the mental state of the declarant.' [Citation.] For this reason, no one factor or combination of factors is dispositive. [Citations.]" (People v. Merriman (2014) 60 Cal.4th 1, 64; People v. Sanchez (2019) 7 Cal.5th 14, 40.)

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