Hi everyone,
I just register after reading here on WS for about five years. I wanted to point out something I read on dying declaration. I do not know if this law in CT is different. The way I read this below is a dying declaration (FD's sucide note) can be used for proof of who caused the decedent's murder, as in this case FD's murder, not JD!
JS, MT's new lawyer said FD's passing ... he did leave a suicide note and under our law, that is admissible as a dying declaration on behalf of someone who is exonerated in that dying declaration.
A statement by a person who is conscious and knows that death is imminent concerning what he or she believes to be the cause or circumstances of death that can be introduced into evidence during a trial in certain cases.
A dying declaration is usually introduced by the prosecution, but can be used on behalf of the accused.
As a general rule, courts refuse to admit dying declarations in civil cases, even those for WRONGFUL DEATH, or in criminal actions for crimes other than the HOMICIDE of the decedent.
State and FEDERAL RULES OF EVIDENCE govern the use of dying declarations in their respective proceedings.
Dying Declaration