CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay
......What is Not Hearsay
.........Not For Truth of Matter Asserted
12 Cards On This Topic:
  • Statement not offered to prove truth of matter asserted, not hearsay.
  • No confrontation clause violation in admitting 10 drawings of the scene of shootings of Os as they were admitted solely to illustrate eyewitnesses’ testimony, and not for the truth of the matters portrayed.
  • D's secretly taped statements to girlfriend not hearsay as not offered for their truth, but their ••falsity••, to rebut D's claim as to why he lied to the police.
  • Trial court did not abuse its discretion to extent it admitted V's statement she feared D for its effect on D though communicated to him 7 mos. before murders; to extent admitted to show effect on D, stmt not hearsay as not admitted for the truth.
  • V's pleas for his life reflected D's deliberate callousness, and were particularly relevant to his intent and issue of premeditation; not offered to prove truth of statements.
  • Statement by W to D that D's V was police officer was not hearsay; only offered to show D believed he had killed an officer.
  • D's statement suggesting he had killed others properly admitted as nonhearsay implied admission of guilt.
  • Juror's out-of-court statement that misconduct occurred, offered in support of motion for disclosure, is not offered for the truth of the matter asserted, and is not hearsay.
  • W's testimony, that V said to tell D he was not welcome at their house, was not hearsay but offered to prove motive.
  • Statement in former trial by P that he no longer had interest in business properly admitted, since not used for truth of matter asserted.
  • Complaints on visitor cards at winery held not to be hearsay when solely offered to prove that they were made.
  • Written or oral statements received in evidence, not as proof of, but without reference to, truth of matter asserted, are not within hearsay rule.