People v. Grimes

CANTIL-SAKAUYE, C. J.,

Concurring and Dissenting.—This court originally affirmed the judgment of death in this case, rejecting defendant Gary Lee Grimes’s argument that the exclusion of certain hearsay statements at his trial amounted to prejudicial error. After granting rehearing, a majority of this court now agrees with defendant that these statements should have been admitted under the exception to the hearsay rule applicable to statements against interest. (Evid. Code, § 1230.) The majority also concludes that although the exclusion of these statements was harmless at the guilt phase, the…