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Pennsylvania Supreme Court Announces Framework for Determining Whether State of Mind Exception to Hearsay Rule Applies to Out-of-Court Statements, Dual-Purpose Statements Generally Inadmissible
Loaded on Dec. 15, 2021
by Matthew Clarke
published in Criminal Legal News
January, 2022, page 18
Filed under:
Hearsay Evidence.
Location:
Pennsylvania.
by Matt Clarke
The Supreme Court of Pennsylvania held that a note implicating the husband of a woman who was drowned the day after she wrote it was inadmissible hearsay, after it had announced a new analytical framework for determining whether the state of mind exception to the hearsay rule ...
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More from this issue:
- How Cops Use Copyright Laws to Prevent the Public from Recording Their Bad Acts, by Dale Chappell
- “If Everybody’s White, There Can’t Be Any Racial Bias”: The Disappearance of Hispanic Drivers From Traffic Records, by Richard Webster
- Brooklyn DA Releases List of Untrustworthy Cops, by Anthony Accurso
- You’d Better Watch Out: The Surveillance State Has a Naughty List, and You’re On It, by Nisha Whitehead, John W. Whitehead
- Sixth Circuit: Only One Conviction May Result Under § 922(g) for Single Incident of Firearm Possession, by Douglas Ankney
- Montana Supreme Court: Ineffective Assistance of Counsel for Failing to Object to Incorrect Jury Instruction That Lowered State’s Burden of Proof, by Douglas Ankney
- The AEDPA: A Forgotten Catalyst in Mass Incarceration, by Dale Chappell
- New Jersey Supreme Court Announces Arrestees in Police Custody Have Reasonable Expectation of Privacy in Calls Made on Police Station Phone Absent Notice That Call Is Being Monitored or Recorded, by Douglas Ankney
- Crime Rates Rise and Fall. The Police Mostly Have Nothing to Do With It., by Aya Gruber
- Pennsylvania Supreme Court Announces Framework for Determining Whether State of Mind Exception to Hearsay Rule Applies to Out-of-Court Statements, Dual-Purpose Statements Generally Inadmissible, by Matthew Clarke
- Fourth Circuit: Long-Term Aerial Surveillance That Reveals ‘Whole of Individuals’ Movements’ Constitutes Search Without a Warrant, Violates Fourth Amendment, by Douglas Ankney
- Rethinking the ‘Sex Offender’ Label, by Derek Logue
- North Carolina Supreme Court Announces Pretrial Notice of Duress Defense Does Not Forfeit Fifth Amendment Right to Silence, Reaffirms Rule Against Preemptive Impeachment, by Anthony Accurso
- California Court of Appeal: Police Created Atmosphere of Custodial Interrogation Requiring Miranda Warnings Even Though Prearrest Interview Occurred in Teen Suspect’s Home, by Douglas Ankney
- California Court of Appeal: Superior Courts Must Consider Only Elements of Prior Adjudicated Felony, Not Juvenile’s Conduct for § 1170(d)(2)(B) Purposes, by Douglas Ankney
- Third Circuit Announces Mere Physical Proximity of Guns and Drugs Insufficient for Automatic Application of U.S.S.G. § 2K2.1(b)(6)(B) Enhancement Under Commentary Note 14(B), Creates Rebuttable Presumption, by Douglas Ankney
- California Supreme Court Announces Mandatory Supervision Conditions Un-der Realignment Act Evaluated for Reasonableness on Case-by-Case Basis Under Lent Test, by Anthony Accurso
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- Ninth Circuit: California Law Prohibiting Recovery of Loss of Life Damages Inconsistent With § 1983, by Douglas Ankney
- Second Circuit Declares Police Firearms Examiners Subject to Brady, Examiner Who Failed to Disclose Exculpatory Ballistics Report Not Entitled to Qualified Immunity, by Douglas Ankney
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- News in Brief
More from Matthew Clarke:
- DOJ Finds “Horrific and Inhumane” Conditions in Georgia Prisons, March 1, 2025
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- USDC (D. Oregon), Case No. 6:22-cv-00451, Feb. 15, 2025
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- Among World Nations, Individual U.S. States Near Top of List for Per Capita Incarceration, Feb. 15, 2025
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- Suits Filed Over Dehydration Deaths at Two Texas Jails, Jan. 15, 2025
More from these topics:
- Maryland Supreme Court Clarifies Process for Admitting Co-Conspirator’s Hearsay Statements During Police Interview Under ‘Declaration Against Penal Interest’ Exception, Trial Court Must ‘Parse’ Interview to Determine Admissibility of Each Statement, Feb. 1, 2025. Standard of Review, Police Interrogations, Evidence - Admissibility, Hearsay Evidence, Co-conspirator Statements.
- Washington Appellate Court Reverses Parole Revocation Based on Hearsay, Nov. 15, 2024. Hearsay Evidence, Revocation Proceedings.
- Rhode Island Supreme Court Holds Temporal Requirement of ‘Recent Fabrication’ Exception to Hearsay Rule Not Satisfied and Scribbled Note Made by Child Victim of Sexual Abuse Years After Alleged Events Not ‘Excited Utterance’, Oct. 1, 2024. Sexual Abuse of a Minor, Sexual Abuse - Aggravated, Fabrication of Evidence, Sexual Abuse/Harrassment/Exploitation, Hearsay Evidence.
- First Circuit: Sentencing May Not Be Based Upon Unreliable Hearsay Testimony, Aug. 1, 2024. U.S. Sentencing Guidelines, Unreliable and Unsubstantiated Assertions, Hearsay Evidence.
- Colorado Supreme Court Clarifies There Is No Per Se Rule Excluding Self-Serving Hearsay, Sept. 1, 2023. Pro Se Issues, Hearsay Evidence, Exclusionary Rule.
- Missouri Supreme Court: Use of Out-of-Court Statement Admitted at Trial Exceeded Limited Purpose of Exception to Rule Against Hearsay Upon Which It Was Admitted, Feb. 15, 2023. Hearsay Evidence.
- Fifth Circuit: Officer’s Testimony About CI’s Controlled Buy That He Did Not Personally Witness Violates Confrontation Clause, Sept. 15, 2022. Informants, Confrontation Clause/Rights, Hearsay Evidence.
- Eighth Circuit: Inadmissible Hearsay Improperly Used to Revoke Supervised Release, Feb. 15, 2022. Hearsay Evidence, Revocation Proceedings.
- California Supreme Court Announces Hearsay Regarding Nonpredicate Offenses in Psychological Evaluation Reports Inadmissible in SVP Probable Cause Hearings, Nov. 15, 2021. Reliance on Psychologist's Report, Hearsay Evidence, Sex Offender Classification.
- U.S. v. Carthen, No. 10-4817-cv (2nd Cir.) (681 F.3d 94) (May 23, 2012) (Judge Ralph K. Jr. Winter), Dec. 1, 2012. Punch And Jurists, Hearsay Evidence.
