What is the test for admitting evidence of a statement made by a witness under the hearsay rule?
California, United States of America
The following excerpt is from People v. Roberts, A155212 (Cal. App. 2020):
Under Evidence Code section 1240, "Evidence of a statement is not made inadmissible by the hearsay rule if the statement: [] (a) Purports to narrate, describe, or explain an act, condition, or event perceived by the declarant; and [] (b) Was made spontaneously while the declarant was under the stress of excitement caused by such perception." " '[T]he basis for the circumstantial trustworthiness of spontaneous utterances is that in the stress of nervous excitement, the reflective faculties may be stilled and the utterance may become the instinctive and uninhibited expression of the speaker's actual impressions and belief.' " (People v. Saracoglu (2007) 152 Cal.App.4th 1584, 1588.) In a multiple, nested hearsay situation, the multiple hearsay is admissible only "if each hearsay layer separately meets the requirements of a hearsay exception." (People v. Arias (1996) 13 Cal.4th
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92, 149.) The decision to admit evidence under Evidence Code section 1240 is reviewed for abuse of discretion. (People v. Phillips (2000) 22 Cal.4th 226, 236.)
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