Can a defendant argue that his girlfriend's "excited utterance" was not enough to satisfy due process?
California, United States of America
The following excerpt is from People v. Gray, 278 Cal.Rptr.3d 291, 63 Cal.App.5th 947 (Cal. App. 2021):
Citing People v. Arreola (1994) 7 Cal.4th 1144, 31 Cal.Rptr.2d 631, 875 P.2d 736 ( Arreola ), defendant argues that the trial court erred in admitting his girlfriend's statement on the bodycam video because the admissibility of that statement under the excited utterance exception is not enough to satisfy due process. Instead, defendant continues, due process also requires (1) the People to demonstrate "good
[278 Cal.Rptr.3d 296]
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