Oregon Supreme Court - November 8, 2018
by: Rankin Johnson • November 12, 2018 • no comments
(Created page with "EVIDENCE — State-of-mind hearsay exception Trial court erred in excluding e-mails about victim’s financial difficulties, providing a motive to rob defendant. Trial court ...") |
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| − | EVIDENCE — State-of-mind hearsay exception | + | '''EVIDENCE — State-of-mind hearsay exception''' |
Trial court erred in excluding e-mails about victim’s financial difficulties, providing a motive to rob defendant. Trial court reversed, Court of Appeals affirmed, remanded for new trial. | Trial court erred in excluding e-mails about victim’s financial difficulties, providing a motive to rob defendant. Trial court reversed, Court of Appeals affirmed, remanded for new trial. | ||
| − | Defendant was accused of robbing victim and then killing him. Defendant argued that the victim had robbed defendant and defendant killed him in self-defense. | + | Defendant was accused of robbing the victim and then killing him. Defendant argued that the victim had robbed defendant and defendant killed him in self-defense. Defendant sought to offer evidence of e-mails the victim had sent about his financial difficulties. The trial court excluded some of the e-mails as hearsay. Because the e-mails tended to prove the victim’s state of mind, they were admissible as nonhearsay notwithstanding that they also referred to historical facts. |
| − | Defendant sought to offer evidence of e-mails the victim had sent about his financial difficulties. Because the | + | |
| − | [https://cdm17027.contentdm.oclc.org/digital | + | [https://cdm17027.contentdm.oclc.org/digital/collection/p17027coll3/id/6865/rec/1 State v. Bement] 363 Or 760 (November 8, 2018) (Nelson) (Washington County, Knapp) |
{{wl-publish: 2018-11-12 19:38:11 -0800 | Rankinjohnsonpdx@gmail.com:Rankin Johnson IV }} | {{wl-publish: 2018-11-12 19:38:11 -0800 | Rankinjohnsonpdx@gmail.com:Rankin Johnson IV }} | ||
Latest revision as of 14:59, December 27, 2018
EVIDENCE — State-of-mind hearsay exception
Trial court erred in excluding e-mails about victim’s financial difficulties, providing a motive to rob defendant. Trial court reversed, Court of Appeals affirmed, remanded for new trial.
Defendant was accused of robbing the victim and then killing him. Defendant argued that the victim had robbed defendant and defendant killed him in self-defense. Defendant sought to offer evidence of e-mails the victim had sent about his financial difficulties. The trial court excluded some of the e-mails as hearsay. Because the e-mails tended to prove the victim’s state of mind, they were admissible as nonhearsay notwithstanding that they also referred to historical facts.
State v. Bement 363 Or 760 (November 8, 2018) (Nelson) (Washington County, Knapp)
