dying declaration case law

1255 results for dying declaration case law

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  • Washington v. Glucksberg, 521 U.S. 702 (1997)

    ..., the State and its Attorney General, seeking a declaration that the ban is, on its face, unconstitutional. They assert a ...v. Casey, 505 U. S. 833 , and Cruzan v. Director, Mo. Dept. of Health, ... Surviving Family Members in Support of Physician-Assisted Dying by Katrin E. Frank, Robert A. Free, and Kathleen Wareham; and for ...

  • Giles v. California, 554 U.S. (2008)

    ... witnesses who give testimony against them, except in cases where an exception to the confrontation right was recognized at ... were both on the brink of death and aware that they were dying. Pp. 7-11. . . (c) Not only was California's proposed exception ...See id. , at 56, n. 6, 62. The first of these were declarations made by a speaker who was both on the brink of death and aware ...

  • Crawford v. Washington, 541 U.S. 36 (2004)

    ...) The Confrontation Clause's text does not alone resolve this case, so this Court turns to the Clause's historical background. That ...Wroth & H. Zobel eds. 1965). . Many declarations of rights adopted around the time of the Revolution guaranteed a ...Dying declarations are one example. See, e.g. , Woodcock, supra , at ...

  • Michigan v. Bryant, 562 U.S. (2011)

    ...) will be released, as isbeing done in connection with this case, at the time the opinion is issued.The syllabus constitutes no ... thevictim's statements would have been admissible as "dying declarations"was not properly before it because at the ...

  • Section 2: Powers and Duties of the President

    ... Pardons for Offences against the United States, except in Cases of Impeachment. . Commander-in-Chief . Development of the ... in rebellion, it is none the less a war, although the declaration of it be ' unilateral .' Lord Stowell (1 Dodson, 247) observes, ... 1850 with that country, to recover the estate of a relative dying intestate in Virginia, to sell the same, and to export the ...

  • State v. Kennedy, (Ohio 2013)

    JOINDER—EVIDENCE—CONSTITUTIONAL LAW—ALLIED OFFENSES—SENTENCING: The trial court did not err in overruling a motion to sever offenses arising out of two unrelated shooting events: Crim.R. 8(A) allowed joinder of the offenses in one indictment; and the evidence of the offenses from the separate events was simple, direct, and sufficient to sustain the verdicts related to each event, whether or not ...

  • Lilly v. Virginia, 527 U.S. 116 (1999)

    ... court then admitted his statements to the police as declarations of an unavailable witness against penal interest, overruling ...Held: The judgment is reversed, and the case is remanded. 255 Va. 558, 499 S. E. 2d 522, reversed and ... the effect of excluding other hearsay evidence, such as dying declarations, whose admissibility neither the Framers nor anyone ...

  • Sixth amendment: Rights of Accused in Criminal Prosecutions

    ... the same language was incorporated into the Virginia Declaration of Rights of 1776 and from there into the Sixth Amendment. ... time to "jump" bail, and may be able to use the backlog of cases to engage in plea bargaining for charges or sentences which do ... It had also recognized the admissibility of dying declarations and of testimony given at a former trial by a ...

  • Sparf v. United States, 156 U.S. 51 (1895)

    .... The general facts of this case do not differ from those proved in St. Clair's Case, and some of .... [Page 156 U.S. 51, 54] . 1. The declarations of Hansen, as detailed by Sodergren, Green, and Larsen, were ... largely or wholly upon a question of fact, as whether dying declarations were made under immediate apprehension of death, or ...

  • Maryland v. Craig, 497 U.S. 836 (1990)

    ... rejected Craig's argument that the Clause requires in all cases a face-to-face courtroom encounter between the accused and ... letter of the provision in question than the admission of dying declarations"); Pointer, supra, at 407 (noting exceptions to the ...

  • Three concepts of dignity in constitutional law.

    ... world regularly use the term human dignity when deciding cases about freedom of speech, reproductive rights, racial equality, ..., dignity really took hold after the Universal Declaration of Human Rights stated: "All human beings are born free and equal ..., dignity often refers to a specific ideal of living (and dying) in a particular way. As one scholar explains, the right-to-die ...

  • Massachusetts Supreme Judicial Court Rules Dying Declaration Admissible

    A dying declaration is admissible as a common law exception to the hearsay rule, regardless of whether it is testimonial in nature, Massachusetts' highest court has ruled. The case stemmed from the murder of a woman by her friend's boyfriend. The victim called 911 in a panic after the boyfriend broke into her house and stabbed her 23 times. She told emergency personnel to hurry because she was...

  • Maryland Appeals Court Rules Dying Man's Id Admissible in Murder Trial

    A dying man's videotaped identification of his alleged killer will be admissible at the murder trial -- even though the victim cannot be cross-examined and although the man didn't die for another two years, a Maryland appeals court has held. Melvin Pate's identification of Jermaine Hailes -- by blinking at a police photograph of him -- constituted a "dying declaration" that under...

  • Town of Greece v. Galloway, 572 U.S. (2014)

    ...) will be released, as isbeing done in connection with this case, at the time the opinion is issued.The syllabus constitutes no ...In their declarations in the trial court, respondentsstated that the prayers gave them ... away the sins of theworld, destroyed our death, through his dying andin his rising, he has restored our life. Blessed areyou, who ...

  • The Constitutional Canon As Argumentative Metonymy

    [...] I locate each illustration within a particular constitutional modality; that is, I identify the form of argument that canonized the particular text. [...] the Gettysburg Address, which appears in the final section, makes up a part of the ethical canon: it is a product of Lincoln's ethical argument about constitutional meaning, and it is now among those texts a practitioner can use - or at...

  • Unborn children as constitutional persons.

    ... suggestion of personhood is established, the appellant's case, of course, collapses, for the fetus' right to life would then be ... our state and federal governments, as affirmed in the Declaration of Independence. It is the states, not the federal government, ... the five children aforesaid, or the issue of any child dying, and among the grandchildren also as they successively come of ...

  • Cruzan v. Director, Mo. Dept. of Health, 497 U.S. 261 (1990)

    ... consent, the court questioned its applicability in this case. It also declined to read into the State Constitution a broad ...by Garth C. Grissom; for Concern for Dying by Henry Putzel III and George J. Annas; for the Evangelical ... the intention of an individual who has not executed a declaration to consent to the use or withholding of medical procedures" shall ...

  • Victims in Life, Victims in Death - Keeping Burial Rights Out of the Hands of Slayers
  • Dissolving cities.

    ...That is not the case. (7) While historians and sociologists have widely researched ... crushing deficit and plummeting bond rating, a state declaration of fiscal emergency, and property tax rates nearly double the ... and introduces this Article's rough-draft list of dead, dying, and survivor American cities, which are enumerated in the ...

  • Conforming to the rule of law: when person and human being finally mean the same thing in Fourteenth Amendment jurisprudence.

    ... the natural law which is the foundation of the Declaration of Independence and the core liberal ideals of equality and human ...(25) In Planned Parenthood of Southeastern Pennsylvania v. Casey, Justice O'Connor stated: . [D]ivergences from the factual ... pattern to body functions in the living and in the dying that by their very nature are rational. (43) . The science of ...

  • We've Talked the Talk, Time to Walk the Walk: Meeting International Human Rights Law Standards for U.S. Military Investigations
  • 'They want me dead': active killing - an option in modern health care decision making.

    ...Cases in the United States demonstrate that similar practices that ...The Declaration of Independence proclaimed the self-evident truth that "all men ... a health care professional who assists a patient in dying, or through expanding practice guidelines to implicitly allow ...

  • Originalism as popular constitutionalism? Theoretical possibilities and practical differences.

    ... interpretative supremacy, at least in run-of-the-mill cases. (23) . Beyond this consensus, however, popular constitutionalism ...Strang, Originalism, the Declaration of Independence, and the Constitution: A Unique Role in ...WATSON, LIVING CONSTITUTION, DYING FAITH 55 (2009) (arguing that foundational American political ...

  • USA v. Marvin Baker, (11th Cir. 2005)

    ... the convictions of Johnson and Hawthorne; and REMAND the case to the district court for proceedings consistent with this ... It defined "testimony" as "typically '[a] solemn declaration or affirmation made for the purpose of establishing or proving ... excepted from the general prohibition against hearsay as a "dying declaration" under Rule 804(b)(2) because the government produced ...

  • Vacco v. Quill, 521 U.S. 793 (1997)

    ... Clause embodies a general rule that States must treat like cases alike but may treat unlike cases accordingly. E. g., Plyler v. ...Rice; for Choice in Dying, Inc., by Henry Putzel III; for the International Anti-Euthanasia ...3 Declaration of Timothy E. Quill, M. D., App. 42-49; Declaration of Samuel C. ...