Admissibility of Hearsay Evidence Under the Excited Utterance Exception in Abuse Prosecutions
Author: Nancy K.D. Lemon, J.D..; Anne L. Perry, J.D..
Source: Volume 01, Number 03, Winter 2009 , pp.269-279(11)
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Abstract:
As prosecution without the cooperation of the victim is becoming more common, courts are beginning to rule on the admissibility of the victim’s statements made at the time of the abuse, usually to the responding police officer or medical personnel. As the following cases show, appellate courts are still very divided on when and what evidence they are willing to admit, and for what purposes. Nonetheless, their decisions are helpful in analyzing what the likely problems will be.Keywords: State v. Eastman , 913 P.2d 57 (Haw. 1996); State v. Canady , 911 P.2d 104 (Haw. Ct. App. 1996); State v. Turner , 1996 WL 348016 (Ohio Ct. App. 1996); State v. Attaway , 1996 WL 400498 (Ohio Ct. App. 1996); State v. Barnies , 680 A.2d 449 (Me. 1996)
Affiliations:
1: Boalt Hall School of Law, University of California at Berkeley.