The People, Plaintiff and Respondent v. Gary Lee Grimes, D — Cantil-Sakauye, J., Concurring in Part and Dissenting…

Summary

The separate opinion would uphold the trial court's exclusion of the disputed hearsay statements because the ambiguous statement about the accomplices' reactions was not specifically and distinctly against the declarant's penal interest. It further concludes that, even assuming error in excluding the statement that defendant did not participate in the actual killing, there was no reasonable possibility of prejudice at either phase of trial. The Chief Justice concurs in affirming the guilty verdict and special-circumstance findings but dissents from reversal of the death judgment.