Remedial Law, 2018 Bar — Question XIII

ESSAY

Denny is on trial for homicide. The prosecution calls Danilo, a police officer, who interviewed the victim, Drew, shortly after the shooting. Danilo’s testimony is being offered by the prosecution for purposes of proving that (i) Drew is now dead; (ii) while in the emergency room, Drew was posting his medical condition on Facebook and was “liking” the posts of his Facebook friends; (iii) Drew asked the nurse for water but was refused because he was bleeding, which subsequently angered Drew; and (iv) that before dying, Drew signed a statement in which he identified Denny as the shooter. Is the proposed testimony of Danilo admissible?

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