Out of Court Statement In Furtherance of a Conspiracy In Texas
An out-of-court statement offered to prove the truth of the matter asserted is not hearsay if it is offered against a party and is a statement by a co-conspirator made during the course of, and in furtherance of, the conspiracy. TEX. R. EVID. 801(e)(2)(E).
Statements that are made in furtherance of a conspiracy include those made:
(1) with intent to induce another to deal with co-conspirators or in any other way to cooperate with or assist co-conspirators;
(2) with intent to induce another to join the conspiracy;
(3) in formulating future strategies of concealment to benefit the conspiracy;
(4) with intent to induce continued involvement in the conspiracy;
(5) for the purpose of identifying the role of one conspirator to another. Fairow v. State, 920 S.W.2d 357, 362 (Tex. App. - Houston [1st Dist.] 1996), aff'd, 943 S.W.2d 895 (Tex. Cr. App. 1997).
Conversely, statements that are not in furtherance of a conspiracy, and thus remain hearsay, include those that are:
(1) casual admissions of culpability to someone the declarant had individually decided to trust;
(2) mere narrative descriptions;
(3) mere conversations between conspirators;
(4) "puffing" or "boasts" by co-conspirators. Id.