Evidence-Wellborn SU2006 Outline

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Unformatted text preview: mind or emotion of the declarant that is "in issue" in the case Statements of present state of mind usually intent, plan or design offered to prove subsequent conduct of the declarant in accordance with the state of mind State-of-mind statements of a testator, offered on certain issues in will cases. When dealing with statements of present conditions we still are presented with the dangers of lying and ambiguity, but the dangers of perception and memory are not present!! Reason why these statements are more reliable than other hearsay statements! CASUALTY INSURANCE CO. v. SALINAS [Hearsay Exceptions; Availability of Declarant Immaterial Statement by declarant on then Existing PHYSICAL Condition: FRE 803(3)] Facts/Procedural Posture: Salinas injured while employed by Howel Refining Co. At trial, Salinas testified as to his injury, the extent and duration of a disabling pain in his shoulder and back, and maintain that such pain persisted to the date of trial. Two doctors testifying for the insurance carrier stated that Salinas was not seriously injured, had suffered little or no pain except for a shor...
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