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A pedestrian sustained serious injuries when a driver's car struck him, and he died later from those injuries. The pedestrian's executor sued the driver for
A pedestrian sustained serious injuries when a driver's car struck him, and he died later from those injuries. The pedestrian's executor sued the driver for wrongful death. At trial, the executor called a nurse to testify that two days after the accident, the pedestrian said to her, "The car that hit me ran the red light." Fifteen minutes after that, the pedestrian died. As a foundation for introducing the pedestrian's statement under the dying declaration exception, the executor offered to the court a doctor's testimony that, minutes before the pedestrian's statement to the nurse, the pedestrian told the doctor that he believed he was going to die that day. May the court properly consider the doctor's testimony in ruling on the admissibility of the pedestrian's statement? Group of answer choices Yes, even if it is hearsay. No, because it is hearsay, not within any exception. No, because it is irrelevant, since dying declarations cannot be used except in homicide prosecutions. Yes, because although it is hearsay, the statement is of a then-existing state of mind
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