State v. Davey

The coconspirator exception to the hearsay rule, as derived from the vicarious liability exception set forth in Kan. Stat. Ann. 60-460(i)(2), can apply when the hearsay is offered at trial by a coconspirator rather than a third party.Defendant was convicted and sentenced for attempted first-degree murder and conspiracy to commit first-degree murder of her husband, Dennis Davey (Dennis). Defendant was prosecuted, in part, on the theory that she conspired with her daughter and two others to kill Dennis. During trial, the trial court admitted several hearsay statements that were made among the conspirators. The court of appeals concluded that the hearsay evidence was admissible under the coconspirator exception. The Supreme Court affirmed, holding that the trial court did not err in admitting the evidence because the hearsay fit within the coconspirator exception to the hearsay rule. View "State v. Davey" on Justia Law