Is a statement which does not directly declare a mental state, but is circumstantial evidence of that state, admissible?

California, United States of America


The following excerpt is from People v. Parks, B285035 (Cal. App. 2018):

"In contrast, a statement which does not directly declare a mental state, but is merely circumstantial evidence of that state of mind, is not hearsay. It is not received for the truth of the matter stated, but rather whether the statement is true or not, the fact such statement was made is relevant to a determination of the declarant's state of mind. [Citation.] Again, such evidence must be relevant to be admissible . . . ." (People v. Ortiz (1995) 38 Cal.App.4th 377, 389.)

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