If sufficient time (more than 10 seconds) has passed giving the person time to reflect on the event , then the statement is inadmissible So if there is past tense wording, that is an indicator of it not being a present sense impression The witness (listener) doesn’t need to have been observing the actual incident [i.e. telephone call] Declarant could have made the statement to herself CEC: Contemporaneous Statements- NO PRESENT SENSE IMPRESSION EXCEPTION : declarant describes what he is doing, while or immediately after he is doing it (I am now cutting the red wire) Excited Utterance (FRE/CEC) Statement describes a startling event, made soon after the event (not counting time unconscious) Statement made while under stress of excitement, caused by startling event (self-serving ok) Notes: if sufficient time has passed and there is time for reflection, the individual is not longer under the stress of excitement If declarant is responding to a question, then it’s like a reflection and doesn’t qualify. Then existing SOM or physical condition Indirect statement: NOT hearsay Direct statement: hearsay, but exception Statements must relate to the declarant’s THEN-existing state of mind, emotional or physical condition CANNOT be offered to prove a fact that has happened in the past DOES NOT include a statement of memory or belief to prove the fact remembered or believed UNLESS it relates to the execution, revocation, identification or terms of declarant’s will To prove future conduct Hillmon doctrine: statements of present state of mind are admissible to prove that the declarant subsequently acted in accordance with that state of mind to do in the future Intention to do something in the future AND Acted on it
If sufficient time (more than 10 seconds) has passed giving the person time to reflect on the event , then the statement is inadmissible So if there is past tense wording, that is an indicator of it not being a present sense impression The witness (listener) doesn’t need to have been observing the actual incident [i.e. telephone call] Declarant could have made the statement to herself CEC: Contemporaneous Statements- NO PRESENT SENSE IMPRESSION EXCEPTION : declarant describes what he is doing, while or immediately after he is doing it (I am now cutting the red wire) Excited Utterance (FRE/CEC) Statement describes a startling event, made soon after the event (not counting time unconscious) Statement made while under stress of excitement, caused by startling event (self-serving ok) Notes: if sufficient time has passed and there is time for reflection, the individual is not longer under the stress of excitement If declarant is responding to a question, then it’s like a reflection and doesn’t qualify. Then existing SOM or physical condition Indirect statement: NOT hearsay Direct statement: hearsay, but exception Statements must relate to the declarant’s THEN-existing state of mind, emotional or physical condition CANNOT be offered to prove a fact that has happened in the past DOES NOT include a statement of memory or belief to prove the fact remembered or believed UNLESS it relates to the execution, revocation, identification or terms of declarant’s will To prove future conduct Hillmon doctrine: statements of present state of mind are admissible to prove that the declarant subsequently acted in accordance with that state of mind to do in the future Intention to do something in the future AND Acted on it