[Sherman Logan]

I’m curious how this isn’t excluded as hearsay. It’s what Trayvon supposedly told her was happening.

[CottShop]

[[I’m curious how this isn’t excluded as hearsay. It’s what Trayvon supposedly told her was happening.]]

Assumedly because she could possibly hear what was goign on i nthe background- BUT I suspect the defense can argue there’s no way to tell whos voices were being heard by her in the backgound

[ClearCase_guy]

Sounds like hearsay. They may try to grab Trayvon’s comments as “dying declaration” but I don’t think it would qualify at all. On the other hand, she might testify as to his emotional mood — “Did he sound frightened?”

[Moonman62]

I’m curious how this isn’t excluded as hearsay. It’s what Trayvon supposedly told her was happening.

Hearsay that occurs during the commission of an alleged crime can be allowed by the judge (Res gestae). There was a post about it yesterday, otherwise I never would have known about it.

[ConjunctionJunction]

It’s because there are a bazillion exceptions to the hearsay rule.

[PA Engineer]

I’m curious how this isn’t excluded as hearsay. It’s what Trayvon supposedly told her was happening.

I was wondering the same.

[FrdmLvr]

Another point of appeal.

[RIghtwardHo]

It’s an exception to the hearsay rule. It will come in under “present sense impression” or “excited utterance.” There are others but those will suffice.

While I don’t know the FL State rules, the exceptions to hearsay are pretty common across the board. Here’s a link to the Federal Rule which all the States pretty much follow. Hope that helps:

http://www.law.cornell.edu/rules/fre/rule_803

[wideminded]

I’m curious how this isn’t excluded as hearsay. It’s what Trayvon supposedly told her was happening.

I'm not a lawyer, but I know that one can testify as to the state of mind of another person. According to the Wikipedia page on hearsay, the federal rules of evidence allow for many exceptions to the hearsay rule, including "dying declarations".