CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Exception: Prior Mental or Physical State
.........In General
6 Cards On This Topic:
  • Mental or physical states statutorily admissible even though hearsay.
  • FBI Agent's recounting of murder V's prior statements re her fear of D properly admitted under Evid. Code §1250 (a)(1) as evidence of her then existing state of mind.
  • Explanation of state of mind exception to hearsay rule.
  • Statements Nicole made in phone call to battered women's shelter, diary entries, and letter to O.J. were properly admitted, expressly limited to Nicole's state of mind.
  • Evidence of oral agreement admitted as evidence of declarant's state of mind.
  • Prior utterances made by declarant contemporary with and re declarant's then current physical sensations are admissible.