What is the test for making a statement that is not against the declarant's penal interest?

California, United States of America


The following excerpt is from People v. Madrigal, D073126 (Cal. App. 2018):

Additionally, in evaluating whether a statement is made against the declarant's penal interest, courts should be mindful of a statement wherein the declarant is attempting to spread or shift blame. Such a statement may not qualify as one made against the declarant's self-interest. (See Duarte, supra, 24 Cal.4th at p. 613 [statement was inadmissible where it "tended to cast a more sympathetic light on [the declarant's] motives" and his intentions because declarant claimed that he shot at the wrong house]; People v. Shipe (1975) 49 Cal.App.3d 343, 353 ["each [declarant] exculpated himself of the greater offense of murder in the first degree while admitting lesser transgressions"]; Greenberger, supra, 58 Cal.App.4th at p. 335 ["When examining what was actually said

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