State v. Martin

Supreme Court of Minnesota · 2005 · Evidence

695 N.W.2d 578 (Minn. 2005)

Updated August 22, 2026

EvidenceHearsayConfrontation ClauseDying DeclarationsDefendant's Presence at Trialdying declarationMinn. R. Evid. 804(b)(2)Crawford

Facts

After intruders entered Precious Franklin's apartment and assaulted Curtis Anthony, Franklin was shut in a bathroom with her child. She then heard a gunshot and, when she came out, saw Anthony holding his chest, bleeding heavily, and in great pain; he gasped, "Call the police. Jeff and Lenair." Anthony had been stabbed in the neck, shot in the chest, soon became unable to walk or breathe, lost consciousness within minutes, and died within an hour of arriving at the hospital. During jury deliberations, the judge had four communications with the jury that were not recorded in the trial transcript, and Martin was not notified or present.

Issue

Whether Anthony's statement identifying "Jeff and Lenair" was admissible as a dying declaration and whether its admission violated Martin's Sixth Amendment confrontation rights under Crawford. The court also considered whether undocumented communications between the judge and the deliberating jury outside Martin's presence required relief.

Rule

A statement is admissible as a dying declaration under Minn. R. Evid. 804(b)(2) in a homicide prosecution if it was made while the declarant believed death was imminent and concerned the cause or circumstances of the impending death; the decisive factor is the declarant's state of mind, which may be inferred from surrounding circumstances showing a settled hopeless expectation of death near at hand. Admission of a dying declaration does not violate the Sixth Amendment under Crawford because the dying-declaration exception was established at common law at the time of the founding. Any doubt whether judge-jury communications during deliberations are housekeeping or substantive matters should be resolved in favor of the defendant's presence, and a record should be made of all such communications.

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One of 10 multiple-choice questions for this case. Pick an answer to see why.

In Milwaukee, Nolan Price was charged with murder after a late-night stabbing. Minutes after the attack, the victim, Elena Cruz, was found on a sidewalk with a deep abdominal wound, heavy blood loss, and rapidly weakening speech; she told a paramedic, "Nolan did this," and died 25 minutes later at the hospital.

If the prosecution offers Elena's statement at Nolan's homicide trial, what is the strongest basis for admissibility?

Explanation. A dying declaration is admissible in a homicide prosecution when made while the declarant believed death was imminent and when it concerns the cause or circumstances of the believed impending death. The decisive factor is the declarant's state of mind, which may be inferred from circumstances such as severe wounds, profuse bleeding, breathing difficulty, and death shortly thereafter. No express verbal acknowledgment of impending death is required.