Taylor v. Galloway

¶ 37. I would find that the county court erred in excluding a statement made by Taylor’s father on the basis of hearsay, because the statement was admissible to show Taylor’s state of mind. The declar-ant was also not available. Further, I would find that the error complained of by Taylor was apparent throughout the record under Mississippi Rule of Evidence 103(a)(2); therefore, I disagree with the majority’s conclusion that the matter argued by Taylor on appeal was not preserved for appellate review and respectfully dissent as to that issue. I agree with the majority that the issue of penal…