During a murder trial, the prosecution calls the victim's neighbor to testify. The neighbor states that three days before the murder, the victim told her, "I'm really scared. My ex-boyfriend, Mark, said he's going to get me." The defense objects to this statement as hearsay. How should the court rule?
- ASustain the objection, as the statement implicates the defendant and is unfairly prejudicial.
- BOverrule the objection, as the statement is a dying declaration.
- COverrule the objection, as the statement demonstrates the victim's state of mind.
- DSustain the objection, as the statement is hearsay and does not fall under an exception.
Show answer & explanationAnswer & explanation
Correct answer: C. Overrule the objection, as the statement demonstrates the victim's state of mind.
The statement expresses the victim's then-existing state of mind (fear) and an intent to avoid her ex-boyfriend. This falls under the state of mind exception to the hearsay rule (FRE 803(3)). While it names the defendant, the statement is admissible to show the victim's fear, not necessarily for the truth of whether Mark actually threatened her.
Why the other options are wrong
- A. While it implicates the defendant, its admissibility is judged by its purpose. If offered to show the victim's state of mind, it can be admissible even if it has an incidental prejudicial effect.
- B. A dying declaration requires the declarant to believe their death is imminent and the statement must concern the cause or circumstances of what they believed to be their impending death. This statement does not meet those criteria.
- D. The statement, while hearsay, likely falls under the state of mind exception.
State of Mind Exception (FRE 803(3))
A statement of the declarant's then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health) is not excluded by the hearsay rule.
- Must be a then-existing condition, not a statement of memory or belief.
- Can include statements of intent to do something in the future.
- Cannot be used to prove the truth of the facts remembered or believed.
Memory trick: H.E.A.R.S.A.Y. E.X.C.E.P.T.I.O.N.S. - 'P.S.E.M.I.D.B.R.A.T.E.R.S.' (for some)