People v. Monterroso

Supreme Court of California · 2004 · Evidence

34 Cal. 4th 743 (2004)

Updated August 22, 2026

Evidencedying declarationhearsay exceptionEvidence Code section 1242confrontation clauseCrawfordtestimonial statementssense of impending death

Facts

After being shot and beaten during a robbery at Hanshaw's Liquor Store, Ashokkumar Patel told responding officers that he had been robbed and shot by a short Mexican male who had arrived in a car. Patel knew he had been shot, was in great pain, was lying on the ground in a fetal position, was fearful of dying, and never spoke again. His wounds pierced his respiratory system, gastrointestinal system, and liver, and he died 11 days later from complications caused by those wounds. The trial court admitted his statement as a dying declaration over defendant's hearsay objection.

Issue

Whether Patel's statement to police was admissible under the dying declaration exception to the hearsay rule, and whether admitting that statement violated the Sixth Amendment confrontation clause after Crawford v. Washington.

Rule

A statement is admissible as a dying declaration if it is based on the declarant's personal knowledge and made under a sense of immediately impending death. That sense of impending death may be shown by the declarant's words, evident danger, statements of attendants, conduct, or other circumstances. The confrontation clause does not bar admission of dying declarations because the exception existed at common law at the time of the founding and is historically recognized as sui generis.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Phoenix, Lena Ortiz was found outside a grocery store with a gunshot wound to the abdomen. While clutching the wound, crying, and telling paramedics, "I'm not going to make it," she told an officer that "Derek Cole shot me from the blue sedan." She underwent surgery, remained hospitalized, and died nine days later from complications of the wound.

Is Lena's statement identifying Derek most likely admissible over a hearsay objection?

Explanation. A dying declaration is admissible if it is based on the declarant's personal knowledge and made under a sense of immediately impending death. That state of mind may be shown by the declarant's words, condition, conduct, and surrounding circumstances. Immediate death is not required; survival for days does not defeat the exception if the declarant spoke under the sense of impending death.