Yes; This is the "dying declaration" exception to the Hearsay Rule. Possibly also admitted as an "admission against interest."
Sorry to get all technical here but this really drives me up a wall. There is no such thing as an "admission against interest" (despite repeated iterations of this mistake by generations of clueless judges). There are "admissions" and "statements against interest," but they're not the same thing. All admissions are, by definition, against interest, but they are statements by a party to an action. As such, admissions are not even exceptions to the hearsay rule, since they are not statements by an out-of-court witness
You are no doubt technically right about the use of the word "admissions." My evidence prof called them "admissions against interest" instead of the more accurate "statements" or "declarations against interest." Do you also get riled up when people refer to a "Restraining Order" as a "Temporary
In Kansas proceedings, the following are considered hearsay
, but are admitted under the listed exceptions:
" (previous statements by an accused relative to a criminal offense charged, if made while conscious and not under compulsion by threats or certain promises) are considered hearsay, and are excepted by K.S.A. 60-460(f).
"Admissions by parties
" are considered hearsay and are excepted by K.S.A. 60-460(g)-(i).
"Declarations against interest
" are considered hearsay and are excepted by K.S.A. 60-460(j). [Note: this is subject to the limitations of K.S.A. 60-460(f)]