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For the Truth
· State v. Tennant, 394 S.C. 5 (2011) A statement might not be hearsay because of why it is being used – but this also means that it might not be relevant.
· State v. White, 425 S.C. 304 (Ct. App. 2018) The defendant attempted to testify to the conversation he had with the victim prior to the assault taking place. In this conversation, the victim told the defendant that he had weapons stored inside his moped. The trial court held that this was inadmissible hearsay. The Court of Appeals disagreed and held that the statement was not introduced to prove the truth of the statements in the conversation, but rather to show that the defendant believed the victim was armed.
Personal Observation
· Sanders v. S.C. Dep't of Motor Vehicles, 431 S.C. 374 (2020) Personal observations are not hearsay. Personal observations can include that a statement was made, not necessarily that the statement was true.