What is the test for abuse of a district court's admission of evidence over a hearsay objection?

MultiRegion, United States of America

The following excerpt is from U.S. v. Diaz-Arismendi, 26 F.3d 133 (9th Cir. 1994):

We review for abuse of discretion a district court's admission of evidence over a hearsay objection. United States v. Dean, 980 F.2d 1286, 1288 (9th Cir.1992). If hearsay testimony is admitted erroneously, we must determine whether the error was harmless beyond a reasonable doubt. Id.

An out-of-court statement offered to show the effect on the listener, rather than the truth of the matter asserted, is not hearsay. See United States v. Payne, 944 F.2d 1458, 1472 (9th Cir.1991), cert. denied, 112 S.Ct. 1598 (1992).

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