California, United States of America
The following excerpt is from People v. Miller, B282284 (Cal. App. 2019):
"[A]n appellate court reviews any ruling by a trial court as to the admissibility of evidence for abuse of discretion." (People v. Alvarez (1996) 14 Cal.4th 155, 201.) Evidence of an out-of-court statement that is offered to prove the truth of the matter stated is inadmissible unless it comes within an established exception. (Evid. Code, 1200.) Two exceptions to this rule are relevant to this appeal. One arises where an unavailable witness's former testimony, which is itself hearsay, is offered against a party in an earlier proceeding. (Id., 1291.) The other arises where the hearsay statement is offered to prove the declarant's then state of mind or emotion, which is at issue. (Id., 1250, subd. (a)(1).)
Here, defendant identifies the following five out-of-court statements as inadmissible hearsay.6 Each statement presents
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