This section contains the nature of the case and procedural background.

Shepard (D) was charged with the murder of his wife by poison. Before his wife died, she asked her nurse to bring her a bottle of liquor. She claimed that she had drunk from this bottle before collapsing. She asked the nurse to test it for poison, stating, 'D has poisoned me.' This conversation was admitted at trial, after testimony that the wife claimed she was about to die. However, at the time of the conversation, her chance of recovery was good. A few weeks after the conversation, the wife indicated that she still hoped to recover. Witnesses testified on D’s behalf with regard to his wife's suicidal intent. The Court of Appeals held that certain statements made by Mrs. Shepard as to her belief that D had poisoned her were admissible as declarations of her state of mind. D was convicted, and the conviction was affirmed by the Court of Appeals. D then filed a writ of certiorari.

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