Tons of stuff is hearsay and still admissible. It's just a matter of if the judge buys your reasoning. I'd probably go with FRE803(1) or FRE803(5). Probably not something that would get let through a trial against the other guy for attempted murder but as part of evidence for the defense - I think it's a reasonable thing to try to argue for an exception on.
It’s not hearsay. It would be hearsay if his friend heard it from someone else. All lawyers need to do is subpoena the friend and ask him what his friend told him in regards to wanting to kill Kyle. That is admissible.
Tons of stuff is hearsay and still admissible. It's just a matter of if the judge buys your reasoning. I'd probably go with FRE803(1) or FRE803(5). Probably not something that would get let through a trial against the other guy for attempted murder but as part of evidence for the defense - I think it's a reasonable thing to try to argue for an exception on.
It’s not hearsay. It would be hearsay if his friend heard it from someone else. All lawyers need to do is subpoena the friend and ask him what his friend told him in regards to wanting to kill Kyle. That is admissible.