Can statements of a declarant's previous state of mind be used as an exception to the hearsay rule?

California, United States of America


The following excerpt is from People v. Mihajson, G049905 (Cal. App. 2014):

Section 1250 states an exception to the hearsay rule for statements of a declarant's then existing state of mind. It provides that such statements are admissible as an exception to the hearsay rule when offered either to prove the declarant's state of mind when the declarant's state of mind is itself in issue or the evidence is offered to prove or explain acts or conduct of the declarant. (Id., subd. (a)(1), (2).) We review a trial court's evidentiary ruling for an abuse of discretion. (People v. Streeter (2012) 54 Cal.4th 205, 238.)

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