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Excited Utterance — General

State v. Jeffrey Lorenzo Searcy, 2006 WI App 8
For Searcy: Joseph L. Sommers

Issue/Holding:

¶48 Here, Adams’ statements were properly admitted under the excited utterance hearsay exception. Adams spontaneously made the statements, without police prompting, under the stress of watching her cousin being taken into custody at gunpoint. It was only one to two minutes after Searcy’s arrest that Adams emerged from the crowd that had gathered to witness the arrest and yelled, “[T]hat’s my cousin, you can’t do that.” She then told officers that Searcy had been staying with her “from time to time.” According to Sorenson, she was “excited.” She simply did not have the opportunity or capacity to review the situation and calculate the likely impact of her statements

 

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