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Haley v. Commonwealth9/22/2005
Williams who the persons were that murdered Dozier.
Haley argues the previous statement was hearsay under KRE 801 (c) which defines hearsay as an out-of-court statement offered to prove the truth of the matter asserted. He further argues the statement does not qualify as an exception under KRE 801 A(a) (Prior statement of witnesses) or KRE 801 A(b) (Admissions of parties).
The statement at issue here, regardless of its consistency with his other statements or trial testimony, is clearly admissible under KRE 801A(b)(1). Specifically, 801 A(b)(1) provides that a "statement is not excluded by the hearsay rule, even though the declarant is available as a witness, if the statement is offered against a party and is: (1) the parties own statement. . . ." There is no dispute that this statement was, in fact, made by Haley. At trial, the Commonwealth offered Haley's statement against him. The statement was properly admitted, and therefore, there was no error.
For the reasons set forth herein, we affirm.
All concur.
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