United States v. Day
United States Court of Appeals for the District of Columbia Circuit
591 F.2d 861 (1978)
The government (plaintiff) prosecuted "Beanny" Day and Eric Sheffey (defendants) for murdering Gregory Williams. Before trial, the judge excluded as hearsay proposed testimony from witness Kerry Mason that, minutes before his murder, Williams handed Mason a note reading "Beanny, Eric 635-3135" and told Mason that Day and Sheffey had argued with him over stolen guns and coats and were "out to get" him, and to call police with the number if Williams was not home the next day. The government appealed the exclusion, arguing the statement was offered for a nonhearsay purpose.
Whether an out-of-court statement relating to the declarant's then-existing state of mind is admissible only if the declarant's state of mind is at issue, and only if the probative value of the statement outweighs the risk of unfair prejudice.