People v. Perkins

Defendant was convicted, after jury trial, of 1st degree murder of his ex-girlfriend and neighbor, who was shot in the face and died from her injuries several days later. Within hours after shooting, victim identified Defendant as the shooter to 3 police officers, and those 3 identifications were all admitted into evidence. Victim's statements did not satisfy requirements for dying declaration exception to confrontation clause. Forfeiture-by-wrongdoing doctrine is both an exception to hearsay rule and extinguishes confrontation clause on equitable grounds. Court properly admitted all 3 of victim's statements under forfeiture-by-wrongdoing doctrine, and there was no violation of Defendant's right to confrontation. (McBRIDE and ELLIS, concurring.)