The following excerpt is from Jurado v. Davis, 18-99009 (9th Cir. 2021):
The trial court refused to admit the videotape because it determined that, under Green v. Georgia, 442 U.S. 95 (1979), the statements made on the confession tape were inadmissible hearsay, and that no applicable hearsay exception applied. It further concluded that, as to the non-assertive emotions contained in the tape, there was no compelling need for the evidence, and no substantial evidence of inherent trustworthiness or reliability. The trial court noted that "nowhere does [Jurado] expressly articulate any emotion, if you will, or concern or remorse about the victim or her family," and instead, he only "express[ed] concern about not wanting to go to jail, not wanting to be labeled as a snitch," or other fears that he or his family might be harmed.
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