US v. Singer case brief

US v. Singer (8th Cir 1983) 

ISSUE

-Whether Carlos lives at a certain address; prosecutor introduces evidence that landlord sent eviction notice to Carlos at that address.

Hearsay objection – that it’s being introduced for the proof of what it asserts (it says “Carlos, 600 Wilshire,” they’re trying to prove Carlos lives at 600 Wilshire)

HOLDING

-Not hearsay; landlord didn’t intend to assert that Carlos lives there

ANALSYIS

-Landlord meant to start an eviction proceeding – it wasn’t in the front of his mind to assert where Carlos lives
-This is a performative statement – not assertive conduct.