Oscar Amezcua Cabrera v. California
DueProcess FourthAmendment CriminalProcedure JusticiabilityDoctri
whether-dying-declaration-exception-overrides-crawford-v-washington
QUESTIONS PRESENTED FOR REVIEW 1. In the context of the dying declaration exception of the hearsay rule, where that declaration is otherwise testimonial hearsay within the ambit of the Sixth Amendment constitutional principles set forth by this court in the case of Crawford v. Washington, 541 U.S. 36 (2004), is there . an exception to those constitutional principles where the hearsay exception was a well accepted common faw hearsay exception at the time of the adoption of the Sixth Amendment of the United © States Constitution? 2. Is there is a violation of due process of law under the Fifth and Fourteenth Amendments where during a pretrial police interview of a major prosecution witness the interviewing law enforcement officer tells that witness “[w]ell right now you can help yourself just kind of, like, lend ___ not even truth but lend like the story of what was going on so we know that we’re on the right track,” and “| don’t know how -what your thoughts are between now or what are your feelings towards me but but obviously we want a successful prosecution’? -i