In the case of Davis v. State, the defendant appealed two sentences of death. Davis had been found guilty of capital murder for placing gasoline on two women and setting them on fire. One of his appeal grounds concerned the dying declaration of one of the victims. There was evidence that one of the victims was clearly not going to survive, and she had mentioned her concerns about her children. She also identified the defendant by name. In this case, did the dying declarant meet the requirements so that her statement could be admitted against the defendant as a dying declaration? Did the fact that the defendant was unable to cross-examine the dying declarant indicate that a dying declaration was no longer admissible under Florida law? What did the Supreme Court of Florida conclude?
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