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To: Uncle Miltie

I don’t believe the poor kid’s testimony is admissible in court. The murderer cannot face his accuser.

Too bad.


4 posted on 02/04/2021 12:36:48 PM PST by Fai Mao (Biden is a pedophile, Kamala is a #%¥π.)
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To: Fai Mao

Dying declarations can be admitted.


8 posted on 02/04/2021 12:39:47 PM PST by mewzilla (Break out the mustard seeds. )
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To: Fai Mao

i’m sure it is admissable

deathbed confessions are evidence

dying people do not die for lies they know are lies

in any case the dying persons statement will prompt an investigation that will find alibi problems and lead to other evidence


10 posted on 02/04/2021 12:39:57 PM PST by Secret Agent Man (Gone Galt; Not Averse to Going Bronson.)
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To: Fai Mao
From Cornell.edu:

However, unlike regular hearsay, a dying declaration is admissible in court. As such, a dying declaration is as an exception to the hearsay rule. Other general rules of admissibility also apply, such as the requirement that the declaration must be based on the declarant's actual knowledge.
11 posted on 02/04/2021 12:40:19 PM PST by Dr. Sivana (There is no salvation in politics)
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To: Fai Mao

“don’t believe the poor kid’s testimony is admissible in court. The murderer cannot face his accuser.

Too bad.”
**********************************************
Dying declarations are admissible in court.


12 posted on 02/04/2021 12:40:56 PM PST by House Atreides
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To: Fai Mao

dying declaration


13 posted on 02/04/2021 12:41:13 PM PST by MileHi ((Liberalism is an ideology of parasites, hypocrites, grievance mongers, victims, and control freaks.)
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To: Fai Mao

“I don’t believe the poor kid’s testimony is admissible in court. The murderer cannot face his accuser.”


Not a lawyer, but I thought ‘dying words’ carried a special weight in the law.

The consistent use of apostrophes in the family’s names is something of a tell.


15 posted on 02/04/2021 12:41:25 PM PST by hanamizu
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To: Fai Mao
"I don’t believe the poor kid’s testimony is admissible in court. The murderer cannot face his accuser."

Dying declarations (aka deathbed declarations) are generally admissible if the person was a witness to their own murder and would otherwise have been considered a credible witness.

16 posted on 02/04/2021 12:41:50 PM PST by Joe 6-pack
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To: Fai Mao

I don’t believe the poor kid’s testimony is admissible in court. The murderer.
....
Dying declarations are admissible in court.


18 posted on 02/04/2021 12:42:52 PM PST by amihow ( nded with all the necessity )
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To: Fai Mao

The kid’s testimony is admissible but now that they know who did it I am sure they’ll find plenty of evidence.


23 posted on 02/04/2021 12:48:23 PM PST by CodeToad (Arm Up! They Have!)
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To: Fai Mao

Death bed confessions and witness statements are generally admissible.


28 posted on 02/04/2021 12:50:29 PM PST by Glennb51
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To: Fai Mao
I don’t believe the poor kid’s testimony is admissible in court.

General rule
1) Death is imminent or the declarent believes it to be so
2) The declaration refers to the cause or circumstances surrounding the impending death 3) The declaration concerns facts that the declarent would be competent to testify about. 4) The declaration is used in a proceeding concerning the declarent's death.

Details may vary by jurisdiction, be sure to review local evidentiary rules before making a dying declaration.

36 posted on 02/04/2021 12:58:45 PM PST by PAR35
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To: Fai Mao

Dying words are admissable.


37 posted on 02/04/2021 1:00:19 PM PST by Uncle Miltie (FIBBERS: Earned distrust is disabling.)
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To: Fai Mao

>>>I don’t believe the poor kid’s testimony is admissible in court. The murderer cannot face his accuser.<<<

If dead people can Vote, they should be able to ID a Killer.’

I’m sure the Boy’s IDing the killer isn’t the only Evidence being used against the SOB.


41 posted on 02/04/2021 1:04:14 PM PST by Kickass Conservative (Trump - Make America Great Again / Biden - Make American Grovel Again...)
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To: Fai Mao

I don’t believe the poor kid’s testimony is admissible in court. The murderer cannot face his accuser.


I think you’re wrong - dying declarations are, I thought, considered trustworthy. Plus, he can’t face his accuser BECAUSE HE KILLED HIM.


44 posted on 02/04/2021 1:08:24 PM PST by Quality_Not_Quantity ("...for the sake of His name." Psalm 23:3)
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To: Fai Mao
“I don’t believe the poor kid’s testimony is admissible in court. The murderer cannot face his accuser.”

Actually in most jurisdictions a dying declaration is admissible over a heresay objection.

55 posted on 02/04/2021 1:28:40 PM PST by circlecity
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To: Fai Mao

Considered a “dying declaration” and is admissable.


59 posted on 02/04/2021 1:39:38 PM PST by offduty (Joe Biden, Commander in Thief)
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To: Fai Mao

The Dying Declaration IS admissible in court but subject to some rules. Some states freely allow Dying Declarations while some are more stringent about their admissibility.

The kid stated the accused shot him and the wounds led to his death. This covers the DD and makes it admissible.
https://www.law.cornell.edu/wex/dying_declaration#:~:text=A%20dying%20declaration%20is%20a%20type%20of%20hearsay.,in%20civil%20law%20cases%20and%20criminal%20law%20cases.

Since all witnesses are deceased the State/City/County filing the charges now becomes the accuser. The defendant may certainly face his accuser in the form of the State/City/County.
The accused can cross-examine any official presented by the State for testimony at trial. Cross-examination rule also applies to any expert or person testifying at the request of the State.
Sixth Amendment satisfied.

**I am NOT a lawyer, have never portrayed one on television nor have I ever stayed at a Holiday Inn Express.


66 posted on 02/04/2021 2:07:41 PM PST by oldvirginian (The glass is half empty because the damned thing is cracked and leaking. The 2020 election is proof.)
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To: Fai Mao

Not true.


71 posted on 02/04/2021 2:43:21 PM PST by freedomjusticeruleoflaw (Strange that a man with his wealth would have to resort to prostitution.)
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To: Fai Mao
"I don’t believe the poor kid’s testimony is admissible in court. The murderer cannot face his accuser."

This information is just not. that. hard. to. find.

Evidence: Rule 804. Hearsay Exceptions; Declarant Unavailable

MN Court Rules 804 (b)(2): "Statement under belief of impending death. In a prosecution for homicide or in a civil action or proceeding, a statement made by a declarant while believing that the declarant's death was imminent, concerning the cause or circumstances of what the declarant believed to be impending death."


79 posted on 02/04/2021 3:51:00 PM PST by StAnDeliver (Eric Coomer of Dominion Voting Systems Is The Blue Dress)
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To: Fai Mao
A dying utterance is admissible, isn't it?

Or is that just TV bullshyte?

87 posted on 02/04/2021 4:20:32 PM PST by Fightin Whitey
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