CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
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Hearsay Except. Requiring Unavail
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Exception: Prior Mental or Physical State
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Limitations on Use
............Lack of Trustworthiness
7 Cards On This Topic:
Statement inadmissible if circumstances indicate lack of trustworthiness.
No abuse of discretion in excluding D's will and 5 pages of notes, written while trapped by Os in house, where there was thus ample ground to suspect his motives and sincerity when he wrote the self-serving documents.
To be admissible as present state of mind exception, statement must be made under circumstances indicating trustworthiness.
Statement not made in a natural manner and made under suspicious circumstances is untrustworthy and inadmissible under state of mind exception.
Indicia of trustworthiness of declarant, including naturalness of manner and lack of suspicious circumstances, must be examined in determining admissibility of statement.
Statement inadmissible if made under circumstances indicating lack of trustworthiness.
Statement inadmissible if made under circumstances indicating lack of trustworthiness.