Is a statement of intent, plan, and design admissible under the hearsay rule?

California, United States of America


The following excerpt is from People v. Bunch, C085051 (Cal. App. 2020):

(including a statement of intent, plan, motive, design, mental feeling, pain, or bodily health) is not made inadmissible by the hearsay rule when . . . [] (2) The evidence is offered to prove or explain acts or conduct of the declarant." A trial court has broad discretion in determining whether state of mind evidence is admissible. "This is particularly true where, as here, underlying that determination are questions of relevancy, the state of mind exception to the hearsay rule and undue prejudice. (People v. Rowland (1992) 4 Cal.4th 238, 264.) The lower court's determination will be reversed only upon a finding of abuse." (People v. Ortiz (1995) 38 Cal.App.4th 377, 386.)

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