Unrelated to this thread, but did you hear that Illinois now allows testimony from the dead under certain circumstances? Mildly interesting from a law school hypothetical perspective.
http://www.washingtonpost.com/national/illinois-appellate-court-gives-go-ahead-for-some-hearsay-evidence-in-drew-peterson-case/2012/04/12/gIQApvCRDT_story.html
That evidence ruling in Peterson is not unheard of. Depending on the nature of the deceased’s statements, which have not yet been revealed, the Illinois court could have applied one or both of these sections from the Illinois Rules of Evidence as exceptions to the hearsay evidence rule.
“Rule 803 (3) Then existing mental, emotional, or physical condition. A statement of the declarant’s then existing state of mind, emotion, sensation, or physical condition, such as intent, plan, motive, design, mental feeling, pain, and bodily health, . . . “
"Rule 804 (2)
Statement Under Belief of Impending Death. In a prosecution for homicide, a statement made by a declarant while believing that the declarant’s death was imminent, concerning the cause or circumstances of what the declarant believed to be impending death."
(Each of which are comparable if not identical to the UNIFORM RULES OF EVIDENCE ACT)
But the question always looms as to the reliability of the witness that is purporting to relate those declarations. Very sensitive area fraught with potential and incurable prejudice to the accused.
If I were to make a bet and knowing what little is known, it would not be with the state’s ability to sustain that ruling through the eventual appeal. That is of course if Peterson is convicted.