Supreme Court of Connecticut
State of Connecticut v. Stanford Lee Frye
December 16, 1980182 Conn. 476
Summary
The court affirmed the defendant's convictions because he failed to establish that the declarant of an exculpatory statement against penal interest was unavailable. Although such statements are not categorically inadmissible, unavailability is a threshold requirement, and the defense did not make reasonably diligent efforts to secure the declarant's attendance through available process. The court therefore did not reach the statement's trustworthiness. No separate opinions were filed.
Holding
- Admissibility of a third party's exculpatory statement against penal interest. A third party declaration against penal interest offered to exculpate a defendant is inadmissible unless the proponent first demonstrates that the declarant is unavailable. The defendant failed to show that Gant could not be produced by subpoena or other reasonable means, so exclusion of the testimony was proper.
Cited authorities
- rule 804
- rule 804
- Rule 804(a)
- rule 804(a)
- rule 804(a)
- rule 804(a)
- Rule 804 of the Federal Rules of Evidence
Cited by
- State of Connecticut v. Jose A. Maldonado
- State of Connecticut v. David Sanchez
- State of Connecticut v. Heriberto Hernandez
- State of Connecticut v. Freddy Payne
- State of Connecticut v. Angel L. Rosado
- State of Connecticut v. Richard Duntz
- New England Savings Bank v. Bedford Realty Corporation
- State of Connecticut v. Heriberto Lopez