Fed R Evid 803 (3) Interpretation
In State v. Apanovitch (1987), 33 Ohio St.3d 19, 514 N.E.2d 394, the Ohio Supreme Court held evidence a victim had a fearful state of mind was admissible as a hearsay exception under Evid.R. 803(3) as a statement of "then existing state of mind, emotion, sensation or physical condition."
The Court explained:
"Evid.R. 803(3) operates as a vehicle for the admission of a statement such as, 'I am afraid of X.' Weissenberger, Ohio Evid. (1985), Chapter 801 at 42, Section 803.32. Accord McCormick, Evidence (3 Ed.1984) 853, Section 296.
The critical requirement is the statement refer to a present and not a past condition. Giannelli, Ohio Evidence Manual (1982), Article VIII at 36, Section 803.07.
Where the statement does not relate to a 'then existing' condition, it must be viewed as a narrative account formulated after time for reflection, and therefore it is not admissible under Evid.R. 803(3).