Nev. S.Ct. addresses 911, dying decaration & jury instruction
In Harkins v. State, the Nevada Supreme Court finds that a victim's statement during a 911 telephone call prior to his death was a dying declaration and was not testimonial under Crawford and was therefore admissible. The Court also concluded that the district court gave an improper instruction on self-defense based upon apparent danger, but found that the error was harmless.
The opinion was authored by Justice Becker and joined by Justices Douglas and Parraguirre.