EVIDENCE - Hearsay rule - Exceptions - Dying declarations

Law360 Canada ( May 1, 2019, 8:15 AM EDT) -- Appeal by Nurse and Plummer from their convictions, by jury, of first degree murder. The victim was stabbed 29 times outside a house he rented to Nurse. The two perpetrators fled when a motorist approached. As EMS personnel tried to save the victim’s life, Nurse approached. The victim’s blood was on his hand and clothing. The victim gestured to his injuries and then to Nurse. Plummer was apprehended down the road from the murder scene. He was covered in the victim’s blood and had a cut on his hand. A knife recovered from a nearby creek had the victim’s blood on it and Plummer’s DNA on the handle. Nurse told inconsistent stories at the scene and during the investigation. He eventually told police Plummer was the killer. In text messages between the appellants they discussed luring the victim to the home to kill him and steal his vehicle. It took a year for the police to recover the deleted messages through forensic analysis after the software to analyze the data had been updated and improved....
LexisNexis® Research Solutions

Related Sections