excited-utterance

8 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
25-6203 Misael Fabian Medina v. United States First Circuit 2025-11-24 Denied Response WaivedIFP appellate-review evidence-rule excited-utterance hearsay-exception procedural-fairness reliability-standard Have the federal appellate courts departed too far from the purpose and intent of the excited utterance exception to the hearsay rule, such that the r…
23-6802 Wally Irizarry-Sisco v. United States First Circuit 2024-02-21 Denied Response WaivedIFP child-sex-abuse child-sex-case criminal-procedure double-jeopardy due-process evidence-law excited-utterance hearsay hearsay-exception sixth-amendment 1. Whether Federal Rule of Evidence 803(2), the hearsay exception for "excited utterances," encompasses out of court statements that (a) go beyond the…
23-820 Ohio v. William Johnson Ohio 2024-01-30 Denied Amici (2)Response RequestedRelisted (2) 911-recording confrontation-clause domestic-violence excited-utterance hearsay non-testimonial ongoing-emergency sixth-amendment When viewed objectively, were the statements describing the fresh incident of domestic violence in the 911 recording non-testimonial?
23-640 Caleb A. C. Smith v. United States Armed Forces 2023-12-14 Denied Response Waived 10th-circuit declarant-memory evidence-rule evidence-rules excited-utterance hearsay-exception memory military-rules-of-evidence statement-admissibility testimonial-evidence unpublished-decision Whether a statement, made hours after an alleged assault that the declarant has no memory of, is admissible as an excited utterance?
21-7982 In Re Mo Savoy Hicks 2022-05-27 Denied IFP actual-innocence deceptive-testimony excited-testimony excited-utterance forensic-evidence forensic-exposition fourth-amendment legal-relief miscarriage-of-justice perjury 1. Does the novel issue, Forensic Exposition, demonstrate deceptive testimony and establish actual innocence? 2. Does the novel issue, Excited Uttera…
21-7427 William Gregory Snow v. Illinois Illinois 2022-03-22 Denied Response WaivedIFP constitutional-law constitutional-rights due-process evidence-rule excited-utterance hearsay hearsay-exception impeachment prior-consistent-statements witness-testimony Whether the Third District Appellate Court of Illinois' ruling unconstitutionally expanded the scope of the excited utterance exception to hearsay as …
21-6919 Kevin Vigil v. United States Tenth Circuit 2022-01-20 Denied Response WaivedIFP criminal-jurisdiction criminal-procedure evidence-of-continuous-excitement excited-utterance federal-criminal-jurisdiction federal-evidence-rule federal-rules-of-evidence hearsay-exception indian-country-status indian-law pueblo-lands-act I. Whether a hearsay statement may be properly admitted as an excited utterance under Fed. R. Evid. 803(2) without evidence that the declarant was und…
18-7228 Dashawn D. Brown v. United States Fourth Circuit 2019-01-04 Denied Response WaivedIFP criminal-procedure due-process evidence evidence-sufficiency excited-utterance excited-utterances hearsay hearsay-evidence prior-identification residual-hearsay-exception sentencing sentencing-error supervised-release 1. WHETHER THE SENTENCING COURT ERRED IN ADMITTING HEARSAY STATEMENTS AS EXCITED UTTERANCES. 2. WHETHER THE COURT ERRED IN ADMITTING HEARSAY STATEMEN…