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Family, Collaborative & Criminal Law

Wallace v. State

Wallace v. State

COA (Riley) – 911 call was properly admitted as excited utterance.  Also, comments made were not in response to questioning, so no confrontation issue.

Two of V’s ex-girlfriends got in a fight, so he called 911.  Apparently, he thought he had hung up, but the line remained open and recorded V’s comments such as “Shoot the shit outta that bitch”.  At D’s trial for criminal recklessness, the State played the  911 tape over objection.  The trial court allowed it in as a present sense impression.  The COA found it to be an excited utterance.

As to the confrontation issue, the COA stated that “statement s are nontestimonial when made in the course of police interrogation under circumstances objectively indicating that the primary purpose of the interrogation is to enable police assistance to meet an ongoing emergency.”  Here, V’s recorded comments were not in response to police questioning, so no confrontation issue.

  • Posted by justin
  • On August 23, 2017