Can a defendant introduce hearsay evidence for the purpose of testifying while avoiding cross-examination?

California, United States of America

The following excerpt is from People v. Morton, A128706 (Cal. App. 2013):

We are not persuaded. It is well established that " ' "[a] defendant in a criminal case may not introduce hearsay evidence for the purpose of testifying while avoiding cross-examination." ' " (People v. Gurule (2002) 28 Cal.4th 557, 605.) Defendant is correct that Evidence Code section 1250 provides that evidence of a statement of the declarant's state of mind is not made inadmissible by the hearsay rule under certain circumstances, including when "[t]he evidence is offered to prove the declarant's state of mind, emotion, or physical sensation at that time or at any other time when it is itself an issue in the action." (Evid. Code, 1250, subd. (a)(1).) Even assuming this rule would apply to defendant's post-arrest statementsa point we do not decidethe trial court did

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