Should this Court resolve a split between the Ninth and Third circuits on the admission of evidence for a non-hearsay purpose when its non-hearsay probative value is de minimis but its substantive (hearsay) value is great?

QUESTION PRESENTED FOR REVIEW Should this Court resolve a split between the Ninth and Third circuits, where the Third Circuit has condemned the admission of evidence for a non-hearsay purpose when its non-hearsay probative value is de minimis but its substantive (hearsay) value is great, and where the Ninth Circuit applies no such rule? i STATEMENT OF