CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay Except. Requiring Unavail
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Exception: Dying Declarations
.........In General
7 Cards On This Topic:
Dying declaration admissible despite hearsay character.
Dying declaration exception to hearsay rule under Federal Rules Evid.
Dying declaration of shooting victim properly admitted under Supreme Ct. precedent and EC §1242.
Admission of V's statements under dying declaration hearsay exception does not violate Sixth Amendment's confrontation clause.
Allegedly abused daughter's suicide note not admissible as dying declaration where mother offered no authority to show that factual allegations made in a suicide note are admissible as dying declarations.
No abuse of discretion in determining V believed he was going to die from his wounds and in admitting his statement implicating D as a dying declaration; no Crawford violation.
Improper for court to comment on weight to be given to dying declaration.