2 Exceptions to the Hearsay Rule In Texas
One exception to the general rule barring hearsay is the "state of mind" exception, which allows testimony that is "a statement of the declarant's then existing state of mind, emotion, sensation, or physical condition (such as intent, plan, motive, design, mental feeling, pain, or bodily health)." TEX. R. EVID. 803(3).
Further, another exception to the general rule excluding hearsay is the "present sense impression" which allows testimony that is "describing or explaining an event or condition made while the declarant was perceiving the event or condition, or immediately thereafter." TEX. R. EVID. 803(1).
Hearsay, defined as "a statement, other than one made by the declarant while testifying at the trial or hearing, offered in evidence to prove the truth of the matter asserted," is generally inadmissible. TEX. R. EVID. 801, 802.
The trial court is the institutional arbiter of whether hearsay is admissible under exceptions to this general rule of exclusion. See Coffin v. State, 885 S.W.2d 140, 149 (Tex.Crim.App. 1994).
Thus, whether hearsay testimony is properly admitted in evidence is a question for the trial court to resolve, reviewable on appeal only under an abuse of discretion standard. See id.
Our role is limited to determining whether the record supports the trial court's ruling. See id.