State v. Owens

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 120,753 STATE OF KANSAS, Appellee, v. DANE OWENS, Appellant. SYLLABUS BY THE COURT 1. K.S.A. 2020 Supp. 60-460(d)(3), the contemporaneous statement exception to the hearsay rule, allows a district court judge to admit testimony of a declarant who is unavailable as a witness, if the declaration was made at a time when the matter had been recently perceived by the declarant, while the declarant's recollection was clear, and the declaration was made in good faith prior to the commencement of the action and with no incentive to falsify or to…