UNITED STATES V. PHEASTER
544 F.2d 353 (1976)
NATURE OF THE CASE: This was a prosecution for kidnapping. This was an appeal of an order
convicting Pheaster (Ds) of conspiracy to kidnap.
FACTS: Larry Adell disappeared in the parking lot of a restaurant, and Inciso (D), after
several failed attempts to get ransom from Larry's father, was arrested for his kidnapping.
At trial, the United States attempted to offer testimony from Larry's date, who said that,
shortly before he disappeared, Larry told the group of friends he was with that he was going
to go out to the parking lot to meet D and get marijuana from him. The testimony tended to
show that D was in the parking lot with Larry on the night of the kidnapping. D argued that
this statement was inadmissible hearsay. The trial court admitted the statement, holding
that it fell under the mental state exception to the hearsay rule. D appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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