Court-Martial Trial Practice Blog
Military (Federal) Rule of Evidence 803(3) provides an exception to the rule against hearsay for
A statement of the declarant’s then-existing state of mind (such as motive, intent, or plan) or emotional, sensory, or physical condition (such as mental feeling, pain, or bodily health), but not including a statement of memory or belief to prove the fact remembered or believed unless it relates to the validity or terms of the declarant’s will.
While the rule appears to allow a broad exception for hearsay, the Supreme Court of VA points out the narrowing language still has effect.*
Tucker v. Clarke, 2012 Wl 2886713 (Va.App. 2012).
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*VA will very shortly have a codified Rules of Evidence.