NM Judges Training

Same facts as in Question 6: Carl dies before trial. On his deathbed, he tells his daughter that the light was green. When his daughter testifies at trial for Bob, Allen makes a hearsay objection. This time Bob's attorney argues that even if the dying declaration exception does not apply, the court should allow the daughter to testify as to Carl’s deathbed statement in the interests of justice. How would you rule?

Objection overruled. Even though the testimony does not quite fit into the dying declaration exception, it has equal reliability and should be admitted in the interest of justice.
Objection sustained. The statement is inadmissible hearsay.

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