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Paul was arrested and charged with involuntary manslaughter. The victim died when Paul’s vehicle struck the victim’s vehicle in a head-on collision. The prosecution claimed that Paul fell asleep while driving and drove into oncoming traffic, killing the victim. At trial, the prosecution called Karen to testify. Karen testified that she was visiting with Paul the morning of the collision when Paul told her he had not gotten any sleep the night before because of a terrible migraine headache. Paul objected to Karen’s testimony.
The court should rule that Karen’s testimony is:
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First, consider that Karen had testified to Paul’s out of court statement about his lack of sleep the night before the collision. Then, consider whether this statement is being offered for the truth of the matter and who the statement is being offered against.