Is there an exception to the hearsay rule where a victim's out-of-court statements reflect the victim's "then existing state of mind"?
California, United States of America
The following excerpt is from People v. Vistro, 2d Crim. No. B196740 (Cal. App. 2/6/2008), 2d Crim. No. B196740 (Cal. App. 2008):
There is an exception to the hearsay rule where the out-of-court statements reflect a victim's "then existing state of mind . . . [and] that state of mind is [either] in issue or the evidence is offered to prove or explain acts or conduct of the [victim]." (People v. Crew (2003) 31 Cal.4th 822, 840.)
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