CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay Except. Requiring Unavail
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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.