Lawyers sometimes exaggerate the significance of a single sentence or footnote in a court opinion. At other times a single phrase may turn out to be a time bomb which subsequently explodes with far reaching result:i. Court watchers thus spend considerable time trying to discern what is implied within the literal language of a court's opinion. It is no small irony that one of the latest implications in a Virginia Supreme Court decision relates to the implications contained within an out-of-court statement that cannot be literally defined as hearsay. A modification of the hearsay rule, or at least the hearsay rule applicable to child molestation cases, may be contained within a single paragraph of the Virginia Supreme Court's opinion in Church v. Commonwealth.
Ronald J. Bacigal, Implied Hearsay, 12 Va. B. Ass'n J. 16 (1986).