Whether FRE 804(b)(3)(B)'s requirement of 'corroborating circumstances' necessitated consideration of the 'totality of circumstances' prior to the 2024 amendments

In 2024 , FRE 804(b) (3), the rul e govern ing the statement against interest exception to the hears ay rule was amended. Prior to 2024 , FRE 804(b)(3)(B) allowed for an exception to the hearsay rule where the statement of an unavailable declar ant was against his/her interest, and “is supported by corroborating circumstances that clearly indicate its trustworthiness, if it is offered in a criminal case as one that tends to expose the declarant to criminal liability. ” In 2024 , that subsection was ame nded and now rea ds as follows: “if offered in a criminal case as one that tends to expose the declarant to criminal liability, is supported by corroborating circumstances that clearly indicate its trustworthiness after considering the totality of circumstances under which it was made and any evidence that supports or undermines it. ” Mr. Alexander ’s case was tried, in 2022, prior to the enactment of the 2024 amendments. This case thus presents the following Question: Whether FRE 804(b)(3)(B) ’s requirement that a court fin d “corrobo rating circumstances ” that “clearly indicate [a statement ’s] trustworthiness ” required a court to consider “the totality of circumstances ” in which a statement was made an d “any evidence that supports or underm ines it ” prior to the 2024 amendments explicitly requiring consideration of those factors.