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
............In General
4 Cards On This Topic:
No abuse of discretion in admitting V's letter to BF and one to a friend about her plans with BF, written a week before the murder, where letters relevant, and either non-hearsay or w/in state-of-mind exception.
D's brother's statement, related by unavailable W, and admitted to show brother's state of mind at time of the murder, was improper rebuttal where D had not placed brother's state of mind at issue; error harmless.
Supervisor's testimony as to what he heard about D hassling a coworker was not hearsay and was relevant to explain why supervisor had a conversation with D. D's defiant response to advice was relevant to his state of mind.
Evidence D ingested bath salts was properly admitted to show his state of mind when pointing loaded pistol at V—using bath salts with Vicodin and alcohol was relevant to explain why he acted in such conscious disregard for human life.