Legal Question in Criminal Law in California

In your dreams. Probably the court would admit otherwise inadmissible hearsay evidence such as a police report, 911 tape, or other evidence.

You need to understand hearsay first. It is very difficult to explain:

Hearsay is an out of court statement offered to prove the truth of the matter asserted in the statement. Because it is OUT OF COURT and a STATEMENT, it is inadmissible.

HOWEVER, all courts have made EXCEPTIONS to the above rule and one of those exceptions just happens to be when a witness becomes "UNAVAILABLE". Being dead is as unavailable as you can get so like Mr. Stone stated above, the court could admit otherwise inadmissible hearsay into evidence.

It's not necessarily a good thing because that witness is not going to be able to be cross-examined to determine the credibility of the witness.

While I agree that the side who wants the deceased testimony will attempt to find a hearsay exception, I believe the court would be hard pressed to allow in the statements of a deceased person if those statements don't fall under a hearsay exception. Its an inherent appealable issue built into the trial if a judge allowed in such testimony. That's just my opinion.........David Wallin

He is excused from testifying.