What is the test for admissibility of a hearsay statement?
California, United States of America
The following excerpt is from People v. Do, F078095 (Cal. App. 2021):
This case is dissimilar. The court here found the hearsay statement insufficiently reliable. Notably, the court found the absence of spontaneity and cross-examination dispositive. (See People v. Garcia (2005) 134 Cal.App.4th 521, 539 ["[w]itness availability [is] an important factor" in assessing admissibility of hearsay statements].) The remaining indicia of reliability, in this case, do not alter the conclusion.5
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