If the court is satisfied that the alleged declarant had the requisite intention it will strive to validate it.
A declaration of personal belief can amount to a disloyal statement if it disavows allegiance owed to the United States by the declarant .
At the stage of hearsay admissibility the trial judge should not consider the declarant 's general reputation for truthfulness, nor any prior or subsequent statements, consistent or not.
While that is hearsay evidence and not admissible to prove that the accident did occur at that time, it is admissible evidence relevant to the state of mind of the declarant .
As in the first instance above, I find this hearsay evidence to be necessary as the declarant is now deceased.
I am not to consider the declarant 's general reputation for truthfulness, nor any prior or subsequent statements or the presence of any corroborating or conflicting evidence.
Most Contracting States have made such a declaration, and all but one of declarant States have specified a one-year time limit.
I wholly accept that the doctrine admits the hearsay statements, not only where the declarant is dead or otherwise not available but when he is called as a witness.
The bruises were evident to the witness as corroboration of the facts as told by the declarant .
Liang is the only scholar in the past 40 years to have written extensively on dying declarations, and he knows of no case in which medical experts were called to question a dying declarant 's cognitive functioning.