What is the test for hearsay in a mental health case?
California, United States of America
The following excerpt is from People v. Ortega, G056085 (Cal. App. 2019):
It is true that in some situations "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.]" (People v. Ortiz (1995) 38 Cal.App.4th 377, 389 (Ortiz).)
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