Evidence-Wellborn SU2006 Outline

Time element is important only with respect to the

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Unformatted text preview: turned home from hospital her sister showed her a photograph of the defendant. Caruso looked at the photograph and her immediate reaction was one of great distress and horror and upset. "He killed me, he killed me." Lapse of Time: Statement must be made while the declarant was under the stress caused by the exciting event. If the event was sufficiently startling, the period of stress may persist for some time: Response to questioning: If the requisite stress is shown, a statement may qualify even if it was made in response to questioning! KEY! CITY OF DALLAS v. DONOVAN [Hearsay Exceptions; Availability of Declarant Immaterial Excited Utterance: FRE 803(2)] Facts/Procedural Posture: P's suing the city b/c of injuries they suffered in collision. Stop sign which would have controlled traffic moving in direction of the Ps was down at the time of the accident. Jury found for Ps City argues that trial court erred in admitting testimony of Backhous who testified that a middle-aged woman drove up to the scene of the accident minutes after the collision: "She was very excited or upset, her hands were shaking, and her voice was crac...
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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.

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