CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay
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What is Not Hearsay
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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.