Dying Declaration Exception Used in Suisun City Stabbing Case (CA Evidence Code §1240 – §1242)

Rabin Nabizadeh
June 25, 2013

The victim in a stabbing on Worley Road in Suisun City managed to give local law enforcement officials the name of her attacker before expiring.  After an argument on the 1300 block of Worley Road, the unnamed target was stabbed repeatedly.  Police have yet to release the name of the suspect, but are on his or her trail.

This brings up an interesting legal question, namely whether or not utterances that would normally be considered inadmissible in court because they are considered hearsay could be admitted because they are “dying declarations.”

According to California Evidence Code, hearsay (statements uttered by persons who may not be reliable witnesses or that cannot be appropriately substantiated) is not admissible as evidence in a court of law.  However, there are several exceptions to this rule (Chapter 2, CA Evidence Code). Outright confessions are one example of this, but so are dying declarations (CA Evidence Code §1240-§1242). A dying declaration is exactly what one may think – a statement made by a victim as they are taking often their last breaths.  This is not considered hearsay because the victim has direct knowledge of the crime.  A dying victim has every right to alert law enforcement officials to the identity of their assailant and to the circumstances of their demise.  Other exceptions to the hearsay rule concerning evidence are: official records, former testimony, scientific publications, and statements made against abusers by children under 12 years of age.

latest news

February 21, 2023
Different Types of Domestic Violence in California

In California, there are different types of domestic violence. Unfortunately, domestic violence is far more common than many people realize, and it is critical to understand the different categories into which domestic violence might fall. For example, some people might be involved in physical abuse, while others may be in emotional or sexual abuse. Intimate […]

February 21, 2023
California Domestic Violence Classes

You probably realize your life has significantly changed if you have been charged and convicted of domestic violence. You may be facing punishment from the court system, but you might be able to mitigate that punishment if you are willing to take domestic violence classes. The reality is that the justice system focuses just as […]

January 27, 2023
How to Successfully Recant a Domestic Violence Statement

Domestic violence is a problematic situation. Numerous cases of domestic violence take place within a family unit. As a result, the legal process can be messy. In some situations, someone may accuse a family member of domestic violence, only to try to recant their statement later. What does this mean? How is a domestic violence […]