United States v. Pheaster

544 F.2d 353 (1976)

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Nature of the Case

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Facts

Larry Adell disappeared in the parking lot of a restaurant, and Inciso (D), after several failed attempts to get ransom from Larry's father, was arrested for his kidnapping. At trial, the United States attempted to offer testimony from Larry's date, who said that, shortly before he disappeared, Larry told the group of friends he was with that he was going to go out to the parking lot to meet D and get marijuana from him. The testimony tended to show that D was in the parking lot with Larry on the night of the kidnapping. D argued that this statement was inadmissible hearsay. The trial court admitted the statement, holding that it fell under the mental state exception to the hearsay rule. D appealed.