United States v. Shepherd

1 Citing case

  1. Aludo v. Denver Area Council

    Civil Case No. 06-cv-02257-LTB-MJW (D. Colo. Jul. 8, 2008)   Cited 6 times

    Plaintiff has submitted "blacked out" copies of the original affidavits submitted by Defendants. None of the "blacked out" language appears to include statements offered to prove the truth of the matter asserted. Instead — to the extent any of the "blacked out" language includes a "statement" at all — such statements appear to be offered merely to show the effect of such statements on the state of mind of the listener, or to show that certain instructions encompassed by such statements were made. Such statements do not amount to inadmissible hearsay. See, e.g., Faulkner v. Super Valu Stores, 3 F.3d 1419, 1434-35 (10th Cir. 1993) (holding statements offered to establish employer's state of mind when making its hiring decisions are not offered for the truth of the matter asserted and are not, therefore, hearsay); United States v. Shepherd, 739 F.2d 510, 514 (10th Cir. 1984) ("An order or instruction is, by its nature, neither true nor false and thus cannot be offered for its truth. The orders or instructions were offered to show that they occurred rather than to prove the truth of something asserted.").