×
You've used up your 3 free articles for this month. Subscribe today.
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 ...
Full article and associated cases available to subscribers.
As a digital subscriber to Criminal Legal News, you can access full text and downloads for this and other premium content.
Already a subscriber? Login
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
- Montana Supreme Court: Defendant’s Due Process Rights Violated by Delayed Initial Appearance for Two Years While Jailed in New York on Out-of-State Warrant, by David Reutter
- U.S. Sentencing Commission Creates New Sentencing Tool for Judges, by Dale Chappell
- California Supreme Court Announces Not All Subsequent Habeas Petitions Under Death Penalty Reform and Savings Act Are ‘Successive’, by Dale Chappell
- Who Defends the Public Defenders?, by Jayson Hawkins
- Massachusetts Supreme Judicial Court Announces Impacted Third Party Has Right to Appeal Motion Granting Postconviction DNA Testing, by Matthew Clarke
- The Long-Term Effects of 9/11: Naturally, More Surveillance, by Jayson Hawkins
- 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
- Ninth Circuit: Washington’s Sentencing Guidelines, Not Statutory Maximum, Set Upper Limit for Sentence When Determining Grade of Violation of Supervised Release Under U.S. Sentencing Guidelines, by Douglas Ankney
- Nevada Supreme Court Reverses Denial of Motion to Withdraw Guilty Plea Because Defendant Had Strong Argument for Speedy Trial Violation and Colorable Claim of IAC, by Douglas Ankney
- Iowa Supreme Court Calls SCOTUS’ Fourth Amendment Jurisprudence ‘a Mess,’ Announces Departure from Lockstep Adherence, and Rules Warrantless Seizure and Search of Defendant’s Curbside Trash Unlawful, by Anthony Accurso
- Missouri Supreme Court: Evidence Found in Cell Phone Seized at Sheriff’s Office Instead of Defendant’s Home, Identified as Location to Be Searched in Warrant, Must Be Suppressed, by Anthony Accurso
- First Circuit: ‘Controlled Substances Offense’ Under § 2K2.1(a)(2) of USSG Refers to Time of Sentencing, Not Time of Prior Conviction, by Anthony Accurso
- Unchecked Federal Use of Facial Recognition Tech, by Anthony Accurso
- Is Orange County’s DNA Collection Scheme Really Voluntary?, by Jayson Hawkins
- Study: Petty Court Fines and Fees Creates ‘Vicious Cycle’ of Debt for Years, by Dale Chappell
- Hawai’i Supreme Court: Prosecutor’s Cumulative Misconduct Deprived Defendant of a Fair Trial, Vacates Denial of Motion for New Trial, by Douglas Ankney
- Cop Gets Money for Nothing, Awards for Free, by Edward Lyon
- Veterans Restorative Justice Act Offers More Than Alternatives to Jail in Minnesota, by Douglas Ankney
- Microbiome: The Latest in Cutting Edge Forensics, by Michael Fortino, Ph.D
- Secret CBP Teams New DHS Weapon of Mass Surveillance, by Jayson Hawkins
- Biden’s DOJ Targets Police Misconduct, by Dale Chappell
- Fifth Circuit: Texas Police Get Qualified Immunity for Knowingly Using Taser to Ignite Gasoline-Soaked, Suicidal Man, Killing Him and Destroying Family’s House, by Matthew Clarke
- Big Brother’s Eyes and Ears: Understanding and mitigating the impact of high-tech surveillance, by Anthony Accurso
- Marijuana Arrests Keep Dropping
- News in Brief
More from Matthew Clarke:
- Report Finds Bad Forensic Evidence Leads to More Wrongful Convictions and Establishes Forensic Errors Typology, May 15, 2024
- Maine Supreme Court: Defense Counsel Ineffective for Opening Door to Otherwise Inadmissible Evidence of Bad Character, April 15, 2024
- Condemned Texas Prisoner Ruled Too Mentally Ill to Execute, April 1, 2024
- $9,000 Settlement in Wisconsin Prisoner’s Heat-Related Illness Suit, April 1, 2024
- Oklahoma Jail Withholds Death Records, Fails to Report Five Since 2018, April 1, 2024
- North Carolina Court of Appeals Reinstates Parolee’s Parental Rights, Says Parole Conditions Barred Him from Visiting Minor Daughter, April 1, 2024
- Federal Prisoners Released Under First Step Act Show 37% Reduction in Recidivism, April 1, 2024
- Arizona Supreme Court Reverses Summary Judgment for Corizon Health in State Prisoner’s Death from Untreated Diabetes, April 1, 2024
- Nebraska Supreme Court Announces Probation Search Unlawful When Conducted After Original Term Expired and Before Hearing on Extending Term, March 15, 2024
- California Court of Appeal Reverses Denial of Full Resentencing Under SB 483, March 15, 2024
More from these topics:
- 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.
- Bostan v. Obama, No. Civ. No. 05-883 (RBW) (D.D.C.) (662 F.Supp.2d 1) (August 19, 2009) (Judge Reggie B. Walton), Aug. 1, 2009. Punch And Jurists, Hearsay Evidence.
- U.S. v. Lee, No. 05-1684-cr (L) (2nd Cir.) (549 F.3d 84) (December 3, 2008) (Judge Charles S. Jr. Haight), Jan. 1, 2009. Punch And Jurists, Hearsay Evidence.
- U.S. v. Johnson, No. 06-0594-cr (2nd Cir.) (529 F.3d 493) (June 19, 2008) (Judge Pierre N. Leval), July 1, 2008. Punch And Jurists, Hearsay Evidence.
- Singletary v. Reilly, No. 04-7013 (D.C. Cir.) (452 F.3d 868) (July 7, 2006) (Judge Janice Rogers Brown), June 1, 2006. Punch And Jurists, Hearsay Evidence.
