Aug. 14, 2023 – People v. Gray (Supreme Ct., S269237)

The Supreme Court holds that, in a probation revocation hearing, hearsay that qualifies as a spontaneous statement under EC 1240 is not automatically admissible. The court reasons that the defendant in such a hearing has a due process right to confront witnesses, which requires the court to balance the defendant’s confrontation interests against the government’s showing of good cause.