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To: phenn
(1) No person interested in an action or proceeding against the personal representative, heir at law, assignee, legatee, devisee, or survivor of a deceased person, or against the assignee, committee, or guardian of a mentally incompetent person, shall be examined as a witness regarding any oral communication between the interested person and the person who is deceased or mentally incompetent at the time of the examination.
2) This section does not apply when:
(a) A personal representative, heir at law, assignee, legatee, devisee, or survivor of a deceased person, or the assignee, committee, or guardian of a mentally incompetent person, is examined on his or her own behalf regarding the oral communication.

Schiavo was being examined on his own behalf. Asked why he was taking the actions he was with respect to Terri. Terri's statements were not offered for the truth of the statement(ie: whether or not she actually wanted life support) but rather what Schiavo was basing his actions upon. He testified to his state of mind, not Terri's and to the truth of his actions, not Terri's. No hearsay and quite allowable.

66 posted on 04/15/2005 4:17:57 PM PDT by RGSpincich
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To: RGSpincich

You may wish to read his testimony.


72 posted on 04/15/2005 4:38:38 PM PDT by phenn (http://www.terrisfight.org)
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