Granted in part. The facts relied on by the court of appeal do not establish a prima facie case of conspiracy between relator and Roa, the unavailable out-of-court declarant whose statements the prosecution seeks to introduce against relator at trial under the co-conspirator exception to the hearsay rule in La.C.Ev. art. 801D(3)(b). For that exception to apply, the state must show that the declarant and the accused were both members of the conspiracy. Bourjaily v. United...
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