State v. Bement

429 P.3d 715, 363 Or. 760
CourtOregon Supreme Court
DecidedNovember 8, 2018
DocketCC C100622CR (SC S064956)
StatusPublished
Cited by22 cases

This text of 429 P.3d 715 (State v. Bement) is published on Counsel Stack Legal Research, covering Oregon Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Bement, 429 P.3d 715, 363 Or. 760 (Or. 2018).

Opinion

NELSON, J.

*717**762This appeal requires us to consider when an out-of-court statement reflecting a declarant's state of mind is hearsay and, if so, when the statement falls within a hearsay exception. During a criminal trial, the court admitted some email statements written by the victim, but excluded others as hearsay. The Court of Appeals reversed, concluding that the excluded email statements were either not hearsay or were hearsay that fell within an exception to the hearsay rule for statements offered to prove the declarant's state of mind. For the reasons below, we affirm the decision of the Court of Appeals.

I. BACKGROUND

Defendant admitted that, on March 13, 2010, he shot and killed Greenspan. Defendant was a drug dealer, and Greenspan was a naturopathic physician who had invested in defendant's drug dealing operation. The state argued that defendant killed Greenspan after robbing him of $20,000. But defendant maintained that the state had it backwards: Greenspan tried to rob defendant of $20,000, and defendant shot Greenspan in self-defense.

To establish Greenspan's motive for the robbery, defendant argued that Greenspan viewed himself as being in significant financial trouble and in desperate need of money. As proof, defendant offered, among other things, 11 emails that Greenspan wrote in the months leading up to his death. In those emails, Greenspan described his financial troubles, which he attributed to employee theft and a decline in his business revenue. He also described his efforts to address those troubles.

Defendant moved in limine to admit the emails. The state objected, arguing that the emails were not relevant and were hearsay. Defendant contended that the emails were relevant to Greenspan's motive to rob defendant and that the emails were being offered for a nonhearsay purpose-namely, Greenspan's state of mind.

At a hearing on defendant's motion in limine , the trial court stated that it largely agreed with defendant's **763arguments. The trial court said that, "if they're correctly tailored, [the emails] are going to come in under [defendant's] theory" and would not be "too prejudicial." The court, however, deferred ruling on the admissibility of the emails because it needed more time to review each email to determine how they would have to be tailored to fit within defendant's theory.

Of the 11 emails that defendant sought to admit, the trial court excluded four in their entirety. Greenspan sent those four emails between November 29, 2009 and January 6, 2010. The emails detailed Greenspan's debts, his diminishing business revenue, his efforts to raise income by selling his gold, and his research into bankruptcy options. The trial court concluded that those emails did not establish Greenspan's state of mind because they were "really reciting facts or what he was planning on doing." The trial court also concluded that those emails were not "terribly relevant given" that the shooting occurred months later, on March 13, 2010.

The court partially admitted and partially excluded four other emails, those sent between February 13 and February 26, 2010. The excluded portions detailed Greenspan's reduced business income, his upcoming debt obligations, and his efforts to recover money from employees who he accused of stealing from him. The court explained that the excluded portions did not reflect Greenspan's state of mind because they either recited facts or described Greenspan's plans.

In addition to the four emails that the court partially admitted, the court also entirely admitted the portions of three emails that defendant offered from February 2 and 5, 2010, and March 5, 2010. In doing so, the trial court concluded that the admissible statements were relevant and either reflected Greenspan's state of mind or were necessary context to understand the otherwise admissible portions.

Defendant presented the admitted emails to the jury as part of his case for self-defense. The jury, however, rejected defendant's *718self-defense argument and convicted defendant of one count of aggravated murder, two counts of the lesser-included charge of murder, two counts of **764first-degree robbery, and one count of felon in possession of a firearm.1

Defendant appealed, raising many issues. The Court of Appeals focused on the trial court's exclusion of the email statements. The Court of Appeals held that the trial court erred in excluding the email statements, because the statements were relevant and not barred by the hearsay rule. According to the Court of Appeals, the excluded statements were relevant because they tended to prove Greenspan's state of mind at the time of the shooting-namely, that he was desperate for money. State v. Bement , 284 Or. App. 276, 294, 391 P.3d 838 (2017).

On whether the excluded statements were barred by the hearsay rule, the Court of Appeals made two rulings. First, although the court held that some statements were hearsay, the court still held that those statements were not barred, because they fell within the hearsay exception for statements reflecting a declarant's state of mind, OEC 803(3). Id. at 295, 391 P.3d 838. Second, the court held that statements that "merely provided context or background" for other admissible statements were not hearsay at all and so should not have been barred by the hearsay rule. Id. As a result, the Court of Appeals held that the hearsay rule barred none of the excluded email statements. The Court of Appeals also held that the trial court's error in excluding the emails was not harmless. Id. at 300, 391 P.3d 838. The state petitioned this court for review, which we allowed.

II. ANALYSIS

On review, the state does not challenge the Court of Appeals' holding that the emails were relevant. We therefore assume that all the excluded statements were relevant.

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Bluebook (online)
429 P.3d 715, 363 Or. 760, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-bement-or-2018.