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Excited Utterance – Report of Robbery/Battery

State v. Thomas S. Mayo, 2007 WI 78, affirming unpublished opinion
For Mayo: Keith A. Findley, UW Law School

Issue/Holding:

¶54      We agree with the State’s position that Price’s out-of-court statements were properly admitted under the excited utterance exception to the hearsay rule. In talking to Officer Langendorf, Price was describing a startling event——his encounter with Mayo, during which he claimed that he was robbed and battered. Price testified that he spoke with Officer Langendorf only a few minutes after the event occurred. According to Officer Langendorf, Price was visibly upset and bleeding. Therefore, it is reasonable to conclude that Price made the statement while “under the stress of excitement caused by the event. . . .” Wis. Stat. § 908.03(2).

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