Tailoring the Emperor’s New Clothes

That's the title of Justice Hoffstadt's latest DJ article, which begins:

Precedent sometimes rests upon a legal fiction, and persists until a later decision exposes the fiction for what it is. People v. Sanchez, 63 Cal. 4th 665 (2016) exposed as a fiction the long-held position that out-of-court statements admitted to explain the basis for an expert witness’ opinion are not admitted for their truth. But what happens after such a revelation? That is what the California courts are struggling with addressing right now.