Hearsay is an out-of-court statement offered to prove that what it says is true, and even when something is hearsay, Pennsylvania's rules of evidence let a lot of it into court anyway.
On this episode of Now We Defend, former prosecutors T.L. Kearney, Tim Long, and Justin Baran unpack one of the most misunderstood objections in criminal court. Clients tell us all the time that something "won't hold up because it's hearsay." Most of the time, that's not how it works.
We cover the real definition, why the rule exists, your Sixth Amendment right to confront your accusers, and the exceptions that put secondhand statements in front of a jury. Plus: how a guy who swears he's not dying could keep his own statement out of court.
✅ What hearsay actually means (and what it doesn't)
✅ The "effect on the listener" workaround
✅ Hearsay within hearsay
✅ Texts, bodycam, 911 calls, and "it's AI" claims
✅ Relevance, unfair prejudice, and speculation objections
✅ Excited utterances, business records, and your own statements to police
✅ Unavailable witnesses and dying declarations
CHAPTERS
0:00 Objection, hearsay
0:41 What hearsay actually means
3:21 A simple hearsay example
4:33 Not for the truth: effect on the listener
9:00 Why the hearsay rule exists
12:41 The three-step hearsay roadmap
14:31 Hearsay within hearsay
17:23 Texts, recordings, and social media
19:15 Relevance and other objections
22:47 "It's AI": authenticating evidence
27:30 Unfair prejudice and prior bad acts
32:16 Speculation
36:30 Why hearsay exceptions exist
38:42 Juries, body language, and virtual trials
43:15 Present sense impressions and excited utterances
48:17 Medical statements and physical condition
49:21 Recorded recollection
53:05 Business and public records
58:34 Unavailable witnesses and former testimony
1:00:51 Statements against interest
1:02:16 Dying declarations
1:13:12 A party's own statements
1:15:03 Prior inconsistent and consistent statements
1:18:17 The one question to ask
Kearney Law defends clients in York, Adams, Lancaster, Cumberland, Dauphin, and Franklin counties, plus federal courts statewide.
Facing criminal charges in Central Pennsylvania? Call 717-668-8159
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