July 19, 2011

State v. Calleia (A-32-10; 066446) 6-9-11

6-9-11 State v. George Calleia (A-32-10; 066446)

If a victim’s state-of-mind hearsay statements are relevant to show the victim’s conduct, and if such conduct also can give rise to motive when it is known or probably known to the defendant, then the statements are admissible for the purpose of establishing motive subject to the usual balancing under N.J.R.E. 403. Any error in this case stemming from the cumulative nature of the hearsay testimony is harmless.

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