State v. Awkal

In State v. Awkal (1996), 76 Ohio St.3d 324, 330, 1996 Ohio 395, 667 N.E.2d 960, the Supreme Court of Ohio addressed the issue of double hearsay. In that case, the victim's attorney testified as to what the victim told the attorney regarding a threat from the defendant. The statement from the victim to the attorney was arguably admissible pursuant to Evid.R. 803(3), because it concerned the victim's then-existing mental state. However, the initial statement threatening the victim from the defendant was not admissible. Therefore, the Supreme Court of Ohio held that the attorney's entire testimony on this issue was inadmissible.