Evidence-Wellborn SU2006 Outline

United states v pheaster hearsay exceptions

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Unformatted text preview: substantive law treat the state or condition of mind or emotion of a person as an element of a crime, cause of action of defense. In many of these cases, statements by the person in question indicating a then existing relevant state or condition of mind or feeling are admissible. Ex Admissible. In extortion case, victims fearful state of mind is an essential element; therefore, victim's expressions of fear are admissible. Ex Admissible. D's out of court statement offered to show lack of criminal intent Ex Admissible. Race discrimination case, racist comments by management personnel were admissible under Rule 803(3) intent. Ex Admissible. In antitrust case, statements of customers of plaintiffs as to why they were purchasing instead from defendants. Ex Admissible. Domicile in question. If you make a statement such as "I love Oklahoma" indicates your intent to stay there! Note: Rule 803(3) applies only to a statement describing a state of mind of the declarant. Does not authorize receipt of one person as proof of another's state of mind! Wellborn thinks you can...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas.

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