California Supreme Court,
Evidence
Jan. 31, 2024
Gray areas
The recent People v. Gray decision has the potential to significantly dilute the predictability that comes from the brighter lines delineated by the Evidence Code.
Eleanor Roosevelt once said, “If life were predictable it would cease to be life, and be without flavor.” The California Supreme Court’s recent decision in People v. Gray, 15 Cal.5th 152 (2023), has the potential to make California’s hearsay rule a whole lot spicier.
The predictability of a legal rule is in part a function of whether that rule provides a “bright-line” that is easy to apply and regularly leads to...
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