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Old 06-11-2016, 11:33 PM
Bricker is offline
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Join Date: Dec 1999
Location: Northern Virginia
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Quote:
Originally Posted by Moriarty View Post
But consider this hypothetical: A person breaks into a home and brutally stabs the husband and wife inside. The wife dies instantly. The husband, despite having lost a lot of blood, and while fading in and out of consciousness, manages to call his brother and mumble, "John Smith did this. He killed her, and he killed me, too" before passing out.

Miraculously, the brother summons an ambulance in time to stabilize the husband and get him to the hospital, where he slips into a coma that lasts through trial.

The prosecutor has a good argument for claiming that the husband's statement to his brother is a Dying Declaration, notwithstanding the fact that the husband is on life support in a hospital, instead of 6 feet under. He is incapacitated, and that is sufficient. The hearsay argument is going to probably be about whether he was in imminent expectation of death when he made the statement, and it will likely get in.
Agreed.