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STATE v. WEIR

No. 90-2680.

569 So.2d 897 (1990)

STATE of Florida, Petitioner, v. Peter Vincent WEIR, Respondent.

District Court of Appeal of Florida, Fourth District.

November 14, 1990.

Attorney(s) appearing for the Case

Michael J. Satz, State Atty., and Lewis Michael, Asst. State Atty., Fort Lauderdale, for petitioner.

Alan H. Schreiber, Public Defender, and Diane M. Cuddihy, Asst. Public Defender, Fort Lauderdale, for respondent.

POLEN, Judge.

The State of Florida brings this petition for writ of certiorari seeking review of a trial court order granting a defendant's motion in limine, barring a dying declaration offered in a pending second degree murder prosecution. In an order released earlier, this court granted certiorari and quashed the trial court order which held that the dying declaration exception to hearsay in Florida is unconstitutional. This opinion provides the rationale for that...

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