Mastran v. Urichich

The issue in this case is whether, when a mistrial has been declared with respect to one of two co-defendants in a civil case, but not as to the second co-defendant, so that the jury is charged with determining only the liability of the second co-defendant, out-of-court statements made by the first co-defendant may be admitted in evidence as an exception to the hearsay rule, pursuant to Evid. R. 801(D) (2). We hold that they may not be so admitted.

I

Mastran argues that Nick remained as a party in the case after the declaration of mistrial with respect to him; therefore, Mastran contends, his…