Unavailable Declarant Hearsay Exceptions (N.C.R. Evid. 804)

As amended through June 18, 2024

"Our Supreme Court has held that Rule 804(b)(3) requires a two-pronged analysis. First, the statement must be 'deemed to be against the declarant's penal interest.' Second, 'the trial judge must be satisfied that corroborating circumstances clearly indicate the trustworthiness of the statement if it exposes the declarant to criminal liability.' State v. Wardrett, 145 N.C. App. 409, 414, 551 S.E.2d 214, 218 (2001) (citations omitted) (quoting State v. Wilson, 322 N.C. 117, 134, 367 S.E.2d 589, 599 (1988)).

"Once a trial court establishes that a declarant is unavailable pursuant to Rule 804(a) of the North Carolina Rules of Evidence, there is a six-part inquiry to determine the admissibility of the hearsay evidence proffered under Rule 804(b)(5).... Under either , the trial court must determine the following:

(1) whether proper notice has been given,

(2) whether the hearsay is not specifically covered elsewhere,

(3) whether the statement is trustworthy,

(4) whether the statement is material,

(5) whether the statement is more probative on the issue than any other evidence which the proponent can procure through reasonable efforts, and

(6) whether the interests of justice will be best served by admission. State v. Valentine, 357 N.C. 512, 517-18, 591 S.E.2d 846, 852 (2003).

"We are bound by the trial court's findings of fact as to admissibility of evidence under Rule 804(b)(5) where such findings are supported by competent evidence, despite the existence of evidence from which a different conclusion could have been reached. State v. Carter, 156 N.C. App. 446, 455, 577 S.E.2d 640, 645 (2003), cert. denied, 358 N.C. 547 (2004), cert. denied, 543 U.S. 1058, 160 L. Ed. 2d 784 (2005).

Revised July 26, 2016.