Evidence-Wellborn SU2006 Outline

We just care about the effect of those words on the

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Unformatted text preview: he made contradictory statements his job would remain safe statement not offered for its truth, but to show Costello's motive in making the statements. MCCLURE v. STATE [Hearsay Effect on State of Mind of Listener or Reader] Facts: McClure murdered his wife. Trying to knock his charge down from murder to voluntary manslaughter with the defense of sudden passion. Procedural Posture: McClure wanted to admit testimony that shortly before the homicide, Cindy Haynes told him that his wife had sex with two people. Trial court sustained prosecution's hearsay objection to the testimony. Issue: Was D's testimony that Cindy told him his wife had cheated on him inadmissible hearsay? Holding: No, this was a nonhearsay statement. Admissible to show state of mind of McClure when he killed his wife. Evidence of McClure's knowledge of the affair was not hearsay as offered!! Not offered for the truth of whether or not she had an affair...offered to prove that McClure acted under sudden passion. o Material fact is his state of mind...not whether McClure had the affair! Notes: This categor...
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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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