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Evidence keyed to Fisher
Lilly v. Virginia
Facts
Petitioner, along with his brother and his brother’s roommate, allegedly broke into a home and stole numerous items, including liquor, guns, and a safe. The next day the car the three were traveling in broke down, and they abducted Alex DeFilippis (DeFilippis), stole his car, and one of the three shot and killed him. After committing additional robberies, the three men were caught by police and interviewed separately. Petitioner claimed that he was forced to participate in the robberies by his brother and brother’s roommate, and did not mention DeFilippis’s murder. Petitioner’s brother and Petitioner’s brother’s roommate both told police that it was Petitioner that was responsible for planning the robberies. Petitioner’s brother, during his interview with police, stated that he, “didn’t have nothing to do with” the murder of DeFilippis, and told police that Petitioner was the one who shot DeFilippis. At trial, the prosecution called Petitioner’s brother to testify, but after Petitioner’s brother invoked his 5th amendment right against self-incrimination, the prosecution offered the statements Petitioner’s brother made to police under the hearsay exception for declarations, made by an unavailable witness, against penal interest. The trial court allowed the statements, over Petitioner’s objection, and Petitioner was convicted.
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