Federal Rule of Evidence 804(b)(2) provides an exception to the rule against hearsay In a prosecution for homicide or in a civil case, [for] a statement that the declarant, while believing the declarant’s death to be imminent, made about its cause
California Case Highlights Differences Between Dying Declarations Exceptions Under California & Federal Rules
By Colin Miller
Federal Rule of Evidence 804(b)(2) provides an exception to the rule against hearsayIn a prosecution for homicide or in a civil case, [for] a statement that the declarant, while believing the declarant’s death to be imminent, made about its cause…
The Key Difference Between the Federal and Illinois Dying Declaration Exceptions
By Colin Miller
Similar to its federal counterpart, Illinois Rule of Evidence 804(b)(2) provides an exception to the rule against hearsayIn a prosecution for homicide, [for] a statement made by a declarant while believing that the declarant’s death was imminent, concerning the…
Hearsay at the Supreme Court: Justices Thomas & Scalia Clash Over Applicability of Hearsay Exceptions in Prado Navarette
By Colin Miller
A couple of days ago, the Supreme Court decided Prado Navarette v. California, and the most interesting thing about the case from an evidentiary perspective was the dispute between the majority and the dissent over the applicability of two…
Speaking Ill Of The Dead: D.C. Court Of Appeals Grants New Trial Based on Failure to Impeach Dying Declarant
By Colin Miller
Federal Rule of Evidence 804(b)(2) provides an exception to the rule against hearsayIn a prosecution for homicide or in a civil case, [for] a statement that the declarant, while believing the declarant’s death to be imminent, made about its cause…
The Talking Dead: 4 Observations About the Dying Declaration Exception Based on the Advisory Committee’s Notes
By Colin Miller
Federal Rule of Evidence 804(b)(2) provides an exception to the rule against hearsayIn a prosecution for homicide or in a civil case, [for] a statement that the declarant, while believing the declarant’s death to be imminent, made about its cause…
It Wasn’t Him: Mattox v. United States & The Use of Dying Declarations by Defendants
By Colin Miller
Federal Rule of Evidence 804(b)(2) provides an exception to the rule against hearsayIn a prosecution for homicide or in a civil case, [for] a statement that the declarant, while believing the declarant’s death to be imminent, made about its cause…
Did You Know That?: NY Case Reveals Personal Knowledge Requirement for Hearsay Statements
By Colin Miller
I’ve been writing a good deal recently about Federal Rule of Evidence 804(b)(2), which provides an exception to the rule against hearsay In a prosecution for homicide or in a civil case, [for] a statement that the declarant, while believing…
Suicide Solution?: Supreme Court of West Virginia Finds Suicide by Witness for the Prosecution to be a Dying Declaration
By Colin Miller
Federal Rule of Evidence 804(b)(2) provides an exception to the rule against hearsayIn a prosecution for homicide or in a civil case, [for] a statement that the declarant, while believing the declarant’s death to be imminent, made about its cause…