State v. Bey

IN THE SUPREME COURT OF THE STATE OF KANSAS No. 127,537 STATE OF KANSAS, Appellee, v. AHMAD K. BEY, Appellant. SYLLABUS BY THE COURT 1. Hearsay is generally inadmissible unless an exception identified in K.S.A. 60-460 applies. One such exception is the "necessity exception" in K.S.A. 60-460(d)(3). It applies when the district court finds that (1) the declarant is unavailable; (2) the declarant made the statement at a time when the matter had been recently perceived by the declarant and while the declarant's recollection was clear; and (3) the declarant made the statement in good faith prior…