Brief Fact Summary. An individual named Larry disappeared after leaving a restaurant called Sambo’s North. A ransom note was delivered to his car and picked up by his parents just after an anonymous telephone call telling them where to look. The parents were warned not to call the Federal Bureau of Investigation (“FBI”) but they did it anyway. Their child was never found.
Synopsis of Rule of Law. Hearsay evidence is admissible if it goes to the state of mind of the declarant when that state of mind is in issue. The Hillmon doctrine does not require that state of mind be at issue; rather, the state of mind is used inferentially to prove other matters at issue. When the performance of a particular act by an individual is an issue in a case, his intention (state of mind) to perform that act may be shown. From that intention, the trier of fact may infer that the person carried out his intention and performed the act.
To qualify for the hearsay exception of Rule 801(d)(2)(E), a foundation must be laid to show that: (1) the declaration was in furtherance of the conspiracy, (2) it was made during the pendency of the conspiracy, and (3) there is independent proof of the existence of the conspiracy and of the connection of the declarant and the defendant to it.View Full Point of Law
Issue. Whether the Hillmon doctrine can be applied in situations where the declarant has stated his intention to do something with another person, and the issue is whether or not he did so?
Held. Yes. While the court recognized the problems with this application of the doctrine, they declined to go against the weight of judicial authority on the issue.
Concurrence. Justice Ely (“J. Ely”) concurred in the judgment, but wrote to emphasize his disagreement with the Hillmon doctrine, suggesting that evidence of one person’s intention to do something should not be admissible to prove what another person actually did do.
Discussion. In this case, the statements of Larry’s friends are offered to show that Larry intended to meet Angelo in the parking lot, and the issue is whether he, in fact, met Angelo in the parking lot. The opposite inference is that Angelo met Larry in the parking lot, so it requires an inferential step for two people. Larry’s state of mind was put into evidence to show that someone else actually did do something, a widening of the Hillmon doctrine.