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State v. Dullard | 668 N.W.2d 585 (2003)

Every American jurisdiction has a rule against hearsay generally prohibiting the admission of explicit out-of-court assertions offered at trial for the truth of the matter asserted. But what about implied out-of-court assertions offered for the truth of the matter impliedly asserted? Do they qualify as inadmissible hearsay? The Iowa Supreme Court addressed this issue in State versus Dullard.

Police officers searched Brett Dullard’s home. Officers discovered no methamphetamine but did find equipment and substances used to make methamphetamine, including three boxes of Benadryl, which contained pseudoephedrine. Officers also found a handwritten note from an unidentified writer. The note was addressed to B— and said that the writer became scared after seeing a black and white car with an unknown man inside it surveilling the house.
Dullard was arrested and charged with possession of precursor chemicals used to manufacture methamphetamine. At Dullard’s jury trial, the prosecutor introduced the equipment and substances found inside Dullard’s home. Over Dullard’s hearsay objection, the prosecutor also introduced the handwritten note addressed to B.
The jury convicted Dullard. Dullard appealed to the Iowa Court of Appeals. The appeals court reversed Dullard’s conviction. The state appealed to the Iowa Supreme Court.

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