Most readers of this blog know that hearsay evidence, meaning an out-of-court statement "offered in evidence to prove the truth of the matter asserted," N.C. R. Evid. 801(c), is presumptively inadmissible. Sometimes the proponent of hearsay evidence can introduce the evidence under one of the exceptions in Rules 803 and 804. But equally often, the proponent of what appears to be hearsay evidence will attempt to introduce it for a non-hearsay purpose, i.e., for a purpose other than to establish the truth of the matter asserted. Here's an example. Dan Defendant is charged with PWISD cocaine. Ollie Officer is on the stand, and Pat Prosecutor asks, "how did Dan first come to your attention?" Ollie begins to say that Winnie Witness, who lived near Dan, contacted Ollie and told him that Dan was selling drugs. Dan's lawyer objects on hearsay grounds, and Pat responds that he's not trying to introduce Winnie's testimony to prove that Dan sold drugs, but rather, to explain why Ollie began to investigate Dan. In other words, Pat argues, Winnie's statements are admissible for the non-hearsay purpose of explaining Ollie's conduct. Jane Judge should probably admit the evidence. An array of North Carolina cases support this conclusion, including State v. Coffey, 326 N.C. 268 (1990), State v. Irick, 291 N.C. 480 (1977), and In re Mashburn, 162 N.C. App. 386 (2004) (testimony of DSS employee regarding child's claims of sexual abuse did "not constitute inadmissible hearsay because it explained why . . . DSS commenced an investigation"). [...]
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