Another Gem From Judge Smith

From his State v. Floyd Y. concurrence, on the admissibility of hearsay:

[I]t is a mistake to suggest that, because a hearsay statement seems to be reliable, its “probative value” outweighs its “prejudicial effect.” The policy underlying the rule is that, in general, hearsay is without probative value as to the truth of the matter stated by the out-of-court declarant. And the more likely the jury is to accept the statement for its truth i.e., the more reliable the statement appears to be the greater the prejudice.

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