Friend Repeating AS's Stmts. Hearsay? Admissible at Trial?
From
@MoeInVA post 487, w link: AS friend said:
"But one night when she and I were talking alone she said, ‘He strangles me and chokes me out and I blackout and wake up on the bathroom floor every single time.’”
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That could be considered an excited utterance if she said it in the heat of passion or fear. But it doesn’t seem to meet any of the exceptions....
@gitana1 Thanks for your response. Agreeing w you that ^ stmt does not seem to qualify as a hearsay exception.
Friend said, at time she & AS "were talking alone" when AS said she was strangled & choked multiple times.
Past tense. Altho understandably AS might be uneasy about TS generally, does
not seem imo she was
still under "
stress of excitement of prior event or condition"* (strangling, choking). An emotional stmt on an emotional subject, yes, but imo doubtful that stmt meets Excited Utterance* hearsay exception.
OTOH, let's say, hypothetically, the friend said, "When I was talking on the phone w AS, she told me she was at her apt, & suddenly screamed, "Oh my God, TS has a gun against my head." Or has a knife to throat. Present tense. Imo that stmt would qualify as Excited Utterance exception to hearsay rule, allowing friend to repeat AS's stmt at trial. my2ct.
Welcoming comment, clarification, correction, esp'ly from our legal professionals.
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* "
Rule 803. Exceptions to the Rule Against Hearsay...
"(2) Excited Utterance. A statement relating to a startling event or condition, made while the declarant was under the stress of excitement that it caused."
https://www.txcourts.gov/media/921665/tx-rules-of-evidence.pdf