Search for: "Utter v. State"
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2 Apr 2009, 3:29 am
State v. [read post]
8 Sep 2022, 11:47 am
The case of R v ML, 2021 NBCA 27 also stated that the actus reus is made out where a “reasonable person aware of the circumstances would perceive the words as a threat of death or bodily harm”. [read post]
31 Aug 2011, 11:43 am
About two years ago, I posted an entry about the opinion of the Court of Appeals of Minnesota in State v. [read post]
30 Apr 2019, 2:00 am
One of the cases referenced in the Mueller Report is United States v Aguilar, 515 U.S. 593 (1995), in which the Court held that uttering false statements to an investigating agent who might or might not testify before a grand jury is not sufficient to constitute obstruction. [read post]
25 Mar 2011, 10:37 am
In trial involving aggravated sexual abuse of a child, the victim’s statements to a physician’s assistant made “three years after the first alleged instance of abuse, and roughly a week after the most recent abuse” were not admissible as excited utterances under FRE 803(2), in United States v. [read post]
28 Aug 2009, 1:29 am
10thCir-Denver.jpg Victim statement made about an hour after a brutal assault during his transport to the hospital was admissible as excited utterances; there was no Confrontation Clause violation since there "a full and fair opportunity to cross-examine" the victim about the statement, even though the victim "did not testify as to the content of his post-assault statements", in United States v. [read post]
21 May 2011, 12:44 pm
” Earlier this week, in State v. [read post]
31 Dec 2009, 12:41 pm
State v. [read post]
31 Oct 2014, 1:38 pm
United States v. [read post]
30 Apr 2019, 2:00 am
One of the cases referenced in the Mueller Report is United States v Aguilar, 515 U.S. 593 (1995), in which the Court held that uttering false statements to an investigating agent who might or might not testify before a grand jury is not sufficient to constitute obstruction. [read post]
29 Feb 2008, 12:21 am
State v. [read post]
5 Aug 2015, 11:38 am
In Commonwealth v. [read post]
24 Aug 2009, 1:40 am
250px-Ruger_P89_3.png In felon in possession of a firearm trial, witness's 911 call after she saw the defendant in a car with a gun was admissible as an excited utterance despite her testimony at trial that she had exaggerated the report in summoning the police; the exaggerations went "to the weight, not the admissibility of the 911 call"; Sixth Circuit concluded the 911 call "better fits the present sense impression exception," in United… [read post]
8 Jan 2012, 1:22 pm
” United States v. [read post]
28 May 2023, 9:13 pm
State v. [read post]
24 Oct 2007, 8:09 am
State, 1999 DE 4419 (DE 1999). [read post]
19 Jun 2018, 7:57 am
During trial, Appellant attempted to move into evidence a statement that he believed was an excited utterance. [read post]
4 May 2021, 6:09 am
Criminal procedure — Motion to include evidence — Excited utterances Appellant Adrian Mayo was convicted by a jury in the Circuit Court for Baltimore City of second-degree assault of Herber Barrientos Ochoa and second-degree assault of Fredy Herrera Alarcon. [read post]
26 Dec 2022, 1:17 pm
Politico: Democrats in Pennsylvania won the majority of seats in the state House this fall, powered by voter backlash to the fall of Roe v. [read post]
21 Nov 2017, 7:07 am
Criminal procedure — Hearsay — Excited utterance Appellant, Reginald Mentor, was convicted by a jury in the Circuit Court for Frederick County of sexual abuse of a minor, second-degree assault, second-degree child abuse, and second-degree sex offense. [read post]