Does state-mind evidence of a victim's state of mind have to be considered admissible in a murder trial?

A central problem with this argument is that there was no issue of fact raised by the defense with respect to Milner's conduct immediately preceding her death. Where a defendant has claimed that a victim has engaged in certain conduct which led to an accidental or justifiable homicide, then hearsay evidence of the victim's state of mind has been held admissible where such evidence tended to negate the claimed conduct of the victim. Thus, in People v. Lew (1968) 68 Cal.2d 774, 778-780, 441 P.2d 942, state of mind evidence of the declarant's fear of the defendant was held to be relevant to disprove the defendant's claim that the declarant was sitting on his lap and examining his gun when it accidentally discharged. ¹¹