Section 23.75 Declarant’s Present State of Mind

• Library: Criminal Practice 2012 Supp

E. (§23.75) Declarant’s Present State of Mind

The “declarant’s present state-of–mind” exception to the hearsay rule allows the admission of extrajudicial statements to show the state of mind of the declarant at that time if that is at issue in the case. United States v. Brown, 490 F.2d 758, 762 (D.C. Cir. 1973); State v. Boliek, 706 S.W.2d 847, 850 (Mo. banc 1986). Generally, statements about a declarant’s present mental condition made out of court are excepted from the hearsay ban and are admissible when they are relevant and the relevancy outweighs their prejudicial effect. State v. Bell, 950 S.W.2d 482, 484 (Mo. banc 1997). The Court in Bell found that the hearsay testimony that Ms. Allen said Mr. Bell had previously abused her was not a declaration of her state of mind and was pure narration of past acts...