CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay
......What is Not Hearsay
.........State of Mind
............Circum. Evid. of State of Mind
3 Cards On This Topic:
  • Ex-W's e-mail to friend that D feared losing 50% of his assets improperly admitted under state of mind hearsay exception; absent evidence D knew of e-mail, probative value outweighed by prejudice.
  • Statement which does not directly declare mental state, but is merely circumstantial evidence of that state of mind is not hearsay.
  • W's testimony that D might have gun admissible for nonhearsay purpose of establishing officer victim's state of mind and appropriateness of ensuing conduct.