[tomahawk]

"The hearsay rule excludes out-of-court assertions used to prove the truth of the facts asserted in them. Verbal acts, however, are not hearsay because they are not assertions and not adduced to prove the truth of the matter." Mueller v. Abdnor, 972 F.2d 931, 937 (8th Cir. 1992).

It appears to me that the alleged statement is hearsay because it is being used to prove that she did not want to live.

[Lawdoc]

As far as I am concerned its hearsay. The only question is if it fits into an excepion to the hearsay rule.

[UnbelievingScumOnTheOtherSide]

The hearsay rule excludes out-of-court assertions used to prove the truth of the facts asserted in them. Verbal acts, however, are not hearsay because they are not assertions and not adduced to prove the truth of the matter." Mueller v. Abdnor, 972 F.2d 931, 937 (8th Cir. 1992).

It appears to me that the alleged statement is hearsay because it is being used to prove that she did not want to live.

I understand exactly what you're saying. But I'll get even more anal and point out that that is law in the 8th Circuit but Terri Schiavo is in the jurisdiction of the 11th Circuit. Now if the outcome of this case actually hinges on the difference between the 8th and 11th Circuits maybe you can get SCOTUS to take it on diversity grounds.

[syriacus]

t appears to me that the alleged statement is hearsay because it is being used to prove that she did not want to live.

Interesting.