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Name: People v. Monterroso
Case #: S034473
Court: CA Supreme Court
District CalSup
Opinion Date: 12/13/2004

Admission of a dying declaration does not violate the Confrontation Clause of the Sixth Amendment. In this capital case, the People introduced a statement by one of the victims made to police just after the shooting. The defendant did not dispute that the statement met the criteria for a dying declaration, but argued that admission of the statement was error under Crawford v. Washington (2004) 124 S.Ct. 1354. The California Supreme Court disagreed, noting that the Crawford opinion specifically excepted dying declarations from the general holding that testimonial statements must be excluded in the absence of cross-examination.