This IPG discusses the latest case (People v. Reneaux (2020) 50 Cal.App.5th 852) to weigh in on the scope of the forfeiture by wrongdoing doctrine and the hearsay exception (Evidence Code section 1390) that embodies the doctrine. This IPG is a joint production with Points and Authorities and the podcast may be viewed as a video that can be accessed by the link below. Accompanying this IPG is a 36-page bench memo stocked with all the recent case law explaining how the doctrine and hearsay exception should be interpreted. The memo serves double duty as a up to date and comprehensive compendium of the law governing the forfeiture by wrongdoing doctrine and section 1390.
The bench memo is more informational than adversarial in content. And it may be filed, as is, for that purpose. However, it also may easily be modified, significantly reduced in length, and culled by prosecutors for use as a motion to introduce a witness’s statement under the forfeiture by wrongdoing doctrine or, depending on the circumstances, by defense attorneys seeking to exclude the statement.