Plea negotiations and discussions

Grace United Methodist Church v. City of Cheyenne, 427 F.3d 775, 799-800 (10th Cir. 2005) (holding, in plaintiff church's civil action against defendant city and other affiliated defendants for violation of the Religious Land Use and....A statement of an employee or agent is treated as an employer's or principal's statement and, if offered against the employer or principal, it is an admission that is exempt from the hearsay rule if the employer or principal authorized its employee or agent to speak about the matter that the employee or agent spoke about and if the statement was made during the employment or agency relationship.

Agushi v. Duerr, 196 F.3d 754, 760 (7th Cir. 1999) (holding that Rule 404(b) does not apply to third party acts).The prohibition against circumstantial character evidence applies to non-parties.

United States v. Moses, 15 F.3d 774, 777-778 (8th Cir. 1994) (upholding trial court's admission of the Finney's statement [which explained Officer Jasso's action] as an excited utterance because "[g]iven the seriousness....Federal Rule of Evidence 803(2) or a comparable State rule creates a hearsay exception for an utterance that relates to a startling event or condition and is made while the declarant -- the maker of the statement -- is excited as a result of the starling event or condition.