1809

I would argue that it does not meet the foundation for former testimony because Arden was not a party to the civil case -- only Big Red was. Therefore, Arden did not have a legal opportunity to ask questions, and it doesn’t matter if the other attorney asked her if she had any questions.

Questions? Email tanford@indiana.edu and refer to 1809

Now we take up statements made under belief of impending death, known to lawyers everywhere as "dying declarations."

Problem 18G. Reza is shot. He says it must have been Donald who threatened him last week. He asks to go to the hospital, where he dies. If the prosecution tries to introduce the statement in Donald’s murder as a dying declaration, what objections can the defense make? There are at least three. When you think you know the answer, click here.