Chapter 12: Hearsay Rules and Exceptions
Case Study
Overview — Based on: Sanford v. State, 287 Ga. 351, 2010 Ga. LEXIS 395 (2010).
Otis Sanford had been indicted for malice murder, felony murder, aggravated assault, and possession of a firearm during a felony in connection with a fatal shooting. The trial jury found him guilty of these crimes.
Defendant Sanford had lived with Veronica Corbett for a period of time, but at the time of her killing, she was currently living with Marhna Smith, who was the father of one of her children. Sanford had arrived at the home of Smith to retrieve his keys and a cell phone from Corbett, and wanted to chat with her, but she declined. At some point about 10 minutes later, Sanford ran into the home, chased Corbett to the basement, and shot her twice. Smith ran away, not wanting a deeper involvement in the situation. Corbett phoned 911 and gave details of the shooting and asked the operator if she was going to die. Police officers arrived on the scene and found Corbett with a gunshot wound to the chest, but still alive and conscious. She was observed holding a pillow to her abdomen and was clearly suffering from significant pain. She told the officer that Sanford had shot her in the basement. Subsequently, Smith identified Sanford from a photographic lineup as the man at his house when Corbett was shot. Corbett died at the hospital several hours after the shooting, as a result of the gunshot wound.
At Sanford’s murder trial, the court allowed one of the officers who had conversed with the decedent to tell the court what she told him concerning her receipt of final injuries. The evidence showed that Corbett was conscious of her critical condition at the time she made the statements naming Sanford as the shooter. She understood that her wounds were extremely serious; she was hugging a pillow close to her abdomen for comfort; and her breathing was difficult. Observers indicated that she appeared to be in great pain and seemed to be overwhelmed with fear. Because she understood the serious nature of her injuries, Corbett called 911 immediately after being shot and asked if she was going to die. The evidence showed that her friend, Smith, who had returned to the crime scene, urged her not to die. Corbett died several hours later in a local hospital. The trial court indicated that the above factors made a strong showing that Corbett’s statements could qualify as dying declaration statements, despite Sanford’s contention that she was not near death when she made her statements.
Yes. As a general rule, for a statement to qualify as a dying declaration, the victim uttering the statement must have made the statement concerning the cause and circumstances of his or her own impending death, and the statement must have been made with a clear understanding that death was near. The victim must have given up all hope of living for any significant length of time. Dying declarations in homicide cases have been admitted in evidence either: (1) because of the solemnity of the occasion and the fear that one would not want to meet one’s “Maker” with a lie on one’s lips, or (2) because of necessity—because the victim of the homicide cannot testify, it is necessary to protect the public against homicidal criminals and prevent a miscarriage of justice. Under the common law, the person making the dying declaration must in fact die, but the federal courts and some states require only unavailability, not necessarily death.
Yes. According to one court, to be admissible as a dying declaration: (1) the declarant must be dead at the time of the trial; (2) the statement is admissible only in the prosecution of a criminal homicide; (3) the declarant must be the victim of the homicide; (4) the statement must concern the cause or the circumstances of the death; and (5) the declarant must have made the statement under the belief that death was imminent. Here, Corbett worried about death from the time of her 911 call; her friend urged her not to die; she was breathing heavily; she was in great pain; she clutched the pillow to dull severe pain; and she identified who shot her to the officer. It was clear that she had no real hope of living very long and she was conscious of what she was saying. The dying declaration was properly admitted.
See Chapter 12, Section 12.9.