Hailes v. State

We decide: (I) whether the State may appeal from a trial court’s exclusion of intangible evidence based on a determination that the evidence’s admission would be a constitutional violation; if so, (II) whether, here, a declarant made a dying declaration two years before dying; and, if so, (III) whether the Confrontation Clause of the Sixth Amendment to the United States Constitution is applicable to dying declarations.

We hold that: (I) the State may appeal from a trial court’s exclusion of intangible evidence based on a determination that the evidence’s admission would be a constitutional…