Dec. 4 – EvidenceProf Blog
Professor Colin Miller authored blog post:
A defendant is charged with murder. At trial, he seeks to present evidence that approximately 30 days prior to his death, the alleged victim said to a state trooper who placed him under arrest for a DUI, “I don’t need this in my life at this point.” The defendant claims that this statement was relevant to prove the alleged victim’s suicidal state of mind. Should the statement qualify for admission under the state of mind exception to the rule against hearsay?