Bays, Michael Jay

IN THE COURT OF CRIMINAL APPEALS OF TEXAS NO. PD-1909-11 MICHAEL JAY BAYS, Appellant v. THE STATE OF TEXAS ON STATE’S PETITION FOR DISCRETIONARY REVIEW FROM THE SIXTH COURT OF APPEALS GREGG COUNTY K ELLER, P.J., filed a dissenting opinion in which K EASLER and H ERVEY, JJ., joined. The issue in this case is no different from whether a recording of a 911 call may be played to a jury when the contents of the call are otherwise admissible. Statements made during a 911 call are hearsay, but they may be admissible under one or more hearsay exceptions, such as dying declaration, excited utterance,…