CALIFORNIA EVIDENCE: CIVIL AND CRIMINAL
...Hearsay Except. Requiring Unavail
......Exception: Prior Mental or Physical State
.........Limitations on Use
............State of Mind Must be in Issue
5 Cards On This Topic:

Victim's statement admissible as to rape charge, where state of mind relevant. Statement not admissible as to murder, where state of mind not relevant.

State of mind must be in issue; D's prior threats to victim inadmissible in homicide case under past state of mind exception.

Statements inadmissible because they explained bruises, not state of mind. Victim's state of mind irrelevant in homicide case.

State of mind exceptions include prior states of mind, not just that at time statement made.

State of mind must be in issue to admit statement. Wrongful death case.