This question should be answered using three IRAC structures. Please include all relevant keywords in your answer.
Fred is arrested for bank robbery. His brother Hank is also arrested but dies before formal charges are brought. At Fred’s trial, their friend Ginger is called to testify that Hank said an hour after the robbery, “Fred and I just stole $1 million from the bank!” Ginger also testifies that Hank told her, “I asked Fred to drive me to the bank, but I didn’t say I was stealing money. He slept in the car.” Finally, Ginger testifies that Hank said on his deathbed, “I know I’m dying now. Make sure everyone knows Fred is innocent.” Security camera footage is admitted to show that Fred was taking a nap in his car while Hank was in the bank.
Are Hank’s statements admissible under a hearsay exception?
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Hint
To answer this question you should think about and discuss whether either of Hank’s first or second statements are admissible as statements against interest. Is his third statement admissible as a dying declaration?
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