Evidence-Wellborn SU2006 Outline

Startling event that triggers the statement need not

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Unformatted text preview: anufactured; no time for a calculated statement. Merely a proper present sense impression. Hearsay Exceptions; Availability of Declarant Immaterial - Excited Utterance [FRE 803(2)] Reduces danger of lying Eliminates danger of memory problems FRE 803(2): Hearsay Exceptions; Availability of Declarant Immaterial. The following are not excluded by the hearsay rule, even though the declarant is available as a witness: 2. Excited Utterance. A statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition. Excitement: Trial court must make a prelim factual determination that the declarant was so excited or distraught at the moment of the utterance that he did not reflect (or have the opportunity to reflect) on what he was saying. Example Inadmissible: Billie made her statement approx. one hour after the assault. Bennally made her statement even later. Both had spoken to several persons before telling Nez they had been raped. They had...
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This note was uploaded on 08/28/2008 for the course N 483 taught by Professor Wellborn during the Summer '08 term at University of Texas at Austin.

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