Can a person who makes a spontaneous statement under section 1240 of the California Civil Code be considered a "testimonial"?
California, United States of America
The following excerpt is from People v. Alex S. (In re Alex S.), F065679 (Cal. App. 2013):
Such statements are nontestimonial. As the court stated in People v. Corella (2004) 122 Cal.App.4th 461, 469: "[I]t is difficult to identify any circumstances under which a section 1240 spontaneous statement would be 'testimonial.' The rationale of the spontaneous statement exception to the hearsay rule is that the utterance must be made
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