" I guess that depends on what the definition of hearsay is."
Traditionally, hearsay is an out of court statement offered to prove the truth of the matter asserted. So if we are asserting that Terri would want to be unplugged, and someone says, "Well, I heard her say once that if she were in a coma, she would want to be "unplugged"", then that is a hearsay statement.
There are some exceptions to the hearsay rules (a "verbal act") being one of them, but I can't think of any that would readily apply to this situation...except maybe the one where the declarant is "unavailable."
well if verbal act is an exception, that doesn't negate that it is in FACT hearsay, just that it meets one of the enumerated exceptions. despite the fact that it came in, it is inaccurate to state that it is NOT hearsay because it meets the definition. it is apparently quite meaningful to those that support terminating terri to rehabilitate MS's testimony by being able to say it was NOT hearsay. this debate has come up on thread after thread.
Good, point.
"Hearsay exceptions; availability of declarant immaterial: (3) Then existing mental, emotional or physical condition. A statement of the declarant's then existing state of mind, emotion, sensation or physical condition (such as intent, plan, motive, design, mental feeling, pain and bodily health)..."
This is from the Federal rules of Evidence.