| B. Objection
sustained. The
statement is inadmissible hearsay.
Correct.
The statement is inadmissible hearsay. It
is true that there is an exception to the hearsay rule that
allows the judge to admit hearsay evidence under circumstances
that would ensure the trustworthiness of the statement and
the interests of justice. But the requirements for allowing
this exception are missing from the facts of this example.
In particular, since this statement almost but does not
quite fit the dying declaration exception to the hearsay
rule, it would not be admissible under the "interests
of justice" exception to the rule.
Get more information
on the Interests of Justice Exception
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