Evidence-Wellborn SU2006 Outline

A statement tending to expose the declarant to

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Unformatted text preview: ds the exception to all cases! STATE v. QUINTANA [Hearsay Exceptions; Declarant Unavailable Dying Declarations: FRE 804(b)(2)] Facts/Procedural Posture: Lopez died of infection following a single gunshot wound Three hours before death he made a statement to an attorney about the circumstances surrounding the shooting, though he could not identify who shot him. At the time of the statement Lopez was aware he was paralyzed, was severely injured, and had a good chance of dying. Although doctors had never told him he was going to die. Trial judge admitted the statements Issue: Can Lopez's statements to the attorney be admitted under the dying declaration exception? Were the statements made "under belief of impending death?" Holding: The trial judge did not abuse it's discretion in admitting the statements. o In determining "impending death" one is to look at the state of mind of the victim! Key! "If it can be reasonably inferred from the state of the wound or the state of the illness that the dying perso...
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