People v. Giles

California Supreme Court Dec 22, 2004 No. S129852Published

Before: Werdegar

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Holding. The court granted a petition for review to determine whether a defendant forfeits their Confrontation Clause rights by killing a victim, thereby rendering the victim unavailable to testify, and whether this doctrine applies when the wrongdoing is the charged offense.

Issues

Did defendant forfeit his Confrontation Clause claim regarding admission of the victim's prior statements under the doctrine of 'forfeiture by wrongdoing' because defendant killed the victim?
Does the doctrine apply where the alleged 'wrongdoing' is the same as the offense for which defendant was on trial?

Disposition. Petition for review granted.

Quotations verified verbatim against the opinion

“Did defendant forfeit his Confrontation Clause claim regarding admission of the victim's prior statements concerning an incident of domestic violence (see Evid.Code § 1370) under the doctrine of "forfeiture by wrongdoing"”

“Does the doctrine apply where the alleged "wrongdoing" is the same as the offense for which defendant was on trial?”

22 Cal.Rptr.3d 548 (2004) 102 P.3d 930 PEOPLE

GILES.

No. S129852. Supreme Court of California.

December 22, 2004. Petition for review granted.

The issues to be briefed and argued are limited to the following: Did defendant forfeit his Confrontation Clause claim regarding admission of the victim's prior statements concerning an incident of domestic violence (see Evid.Code § 1370) under the doctrine of "forfeiture by wrongdoing" because defendant killed the victim, thus rendering her unavailable to testify at trial? Does the doctrine apply where the alleged "wrongdoing" is the same as the offense for which defendant was on trial?

WERDEGAR, J., was absent and did not participate.

GEORGE, C.J., KENNARD, BAXTER, CHIN, and MORENO, JJ., concur.

People v. Giles

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GILES.

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