Evidence-Wellborn SU2006 Outline

Statement of present state of mind or emotion offered

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Unformatted text preview: bout a PRESENT CONDITION) Certainly true in Salinas and Adkins v. Brett ADKINS v. BRETT [Hearsay Exceptions; Availability of Declarant Immaterial Statement by Declarant on then Existing Mental Condition where Mental Condition is at Issue: FRE 803(3)] Facts/Procedural Posture: Alienation case; plaintiff claims defendant alienated plaintiff's wife from plaintiff. Trial court admitted statements, over D's objection, of plaintiff's wife that D had sent her flowers, that he was able to give her a good time, and that she intended to continue to accept D's attentions. Issue: Were plaintiff's wife's statements inadmissible hearsay or were the sufficient statements of the then-existing mental condition of the declarant? Holding: The statements were admissible as statements of then-existing mental condition of the plaintiff's wife because the D was unduly prejudiced. Notes: Alienation...issues in question: Did she love her husband before Brett started messing with her? Did she stop loving her husband after Brett? Is the reason she stopped loving her husband b...
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