Evidence-Wellborn SU2006 Outline

Footnote 18 in pheaster talks about a line of cases

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Unformatted text preview: to come out with them to find a ranch and promised him wages for this! Defendant trying to introduce evidence of letters that Walters wrote to his fianc and sister that he was going with Hillmon, who had promised him employment on the ranch in very favorable terms, and that he was going to go with him to make the expedition to search for a suitable site for a sheep ranch. Case was tried many times: With the letters, Sally lost. Without the letters, Sally won. Supreme Court reversed, letters should not have been excluded as hearsay because they fall under the state of mind exception.. o Only one case in the Supreme Court's opinion was on point, Hunter. Question is the declarant was murdered and he said I was going to meet Hunter.. like Hillmon, statement by party with an intent to do an act. And that is admissible to prove that he did the act. o All the other cases he cites are either category 2, state in mind in issue cases, or category 4, will case, which have always been treated as special. Hillmon doctrine, allowing state-of-mind statements to show subsequent conduct of the declarant, is carried forward in Rule 803(3). Note: Conduct sought to be proved by the statement must be relevant. Example Inadmissible: Scrima's subjecti...
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