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Barzam WTF

The first in what I imagine will be a series of WTF moments while studying for the barzam.

Today's episode: evidence: hearsay exceptions.

Bride collapses at wedding after drinking champagne. Declares to onlookers while gasping for breath: "I knew my new husband wanted my money. Make sure he is brought to justice for murdering me." Poisoned, lapses into coma, persistent vegetative state, unavailable. Husband arrested.

Rule: Dying declaration
1) declarant believed death was imminent -- need not actually die and
2) statement concerned cause or circumstances of what she believed to be impending death

Answer chosen: Her statement is admissible against him in his attempted murder trial as a dying declaration.

BZZZZT! Wrong! Why? Anyone care to hazard a guess before I put the answer in the comments later?

Full post as published by Butterflyfish on May 21, 2009 (boomark / email).