Matter of Barkley

EAGLES, Judge.

Respondent initially argues that the court erred when it denied respondent’s motion to strike the testimony of Dariyan and Ms. Roach as to statements Lester Whittington made to Dariyan concerning the noise in the hallway and Dariyan’s punishment for failing to stop it. We reject respondent’s contention that Dariyan’s and Ms. Roach’s testimony as to the statements was hearsay and excludable, since the testimony was not admitted to prove the truth of the matter contained in the statements but rather to show that the statements were made and Dariyan’s resulting state of mind.…