testimony comes within exception (Iowa) · Go Syfert
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testimony comes within exception in Iowa

6 Iowa opinions name it 2 courts 2019–2026 4 in the last five years

The cases below were cited by Iowa courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (3)

CaseFollowedCited
State of Iowa v. Trent D. Smithgreen
iowa · 2016 · cited in 4 Iowa opinions naming this issue, 2019–2026
2 sentences

2024See State v. Walker, 935 N.W.2d 874 , 879 (Iowa 2019) (“ ‘The State, as the proponent of the evidence, has the burden’ to establish the testimony comes within the exception to the rule.” (quoting Smith, 876 N.W.2d at 189 )); State v. Cagley, 638 N.W.2d 678, 681 (Iowa 2001) (“The State, as proponent of the hearsay evidence, has the burden of proving it falls within an exception to the hearsay rule.”).

2021On appeal, Price argues that “[e]mergency calls are generally admissible as hearsay exceptions under present sense impression and/or excited utterances.” But it is not enough that “testimony of this type is frequently admitted into evidence” as “there is no categorical rule allowing such testimony.” State v. Walker, 935 N.W.2d 874 , 879 (Iowa 2019). “‘[T]he proponent of the evidence[] has the burden’ to establish the testimony comes within the exception to the [hearsay] rule.” Id. (quoting State v. Smith, 876 N.W.2d 180, 189 (Iowa 2016)).

44
State of Iowa v. Lawrence Eugene Walkergreen
iowa · 2019 · cited in 4 Iowa opinions naming this issue, 2020–2024
2 sentences

2024See State v. Walker, 935 N.W.2d 874 , 879 (Iowa 2019) (“ ‘The State, as the proponent of the evidence, has the burden’ to establish the testimony comes within the exception to the rule.” (quoting Smith, 876 N.W.2d at 189 )); State v. Cagley, 638 N.W.2d 678, 681 (Iowa 2001) (“The State, as proponent of the hearsay evidence, has the burden of proving it falls within an exception to the hearsay rule.”).

2021On appeal, Price argues that “[e]mergency calls are generally admissible as hearsay exceptions under present sense impression and/or excited utterances.” But it is not enough that “testimony of this type is frequently admitted into evidence” as “there is no categorical rule allowing such testimony.” State v. Walker, 935 N.W.2d 874 , 879 (Iowa 2019). “‘[T]he proponent of the evidence[] has the burden’ to establish the testimony comes within the exception to the [hearsay] rule.” Id. (quoting State v. Smith, 876 N.W.2d 180, 189 (Iowa 2016)).

14
State v. Cagleygreen
iowa · 2002 · cited in 1 Iowa opinions naming this issue, 2024–2024
1 sentence

2024See State v. Walker, 935 N.W.2d 874 , 879 (Iowa 2019) (“ ‘The State, as the proponent of the evidence, has the burden’ to establish the testimony comes within the exception to the rule.” (quoting Smith, 876 N.W.2d at 189 )); State v. Cagley, 638 N.W.2d 678, 681 (Iowa 2001) (“The State, as proponent of the hearsay evidence, has the burden of proving it falls within an exception to the hearsay rule.”).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Iowa. Read the followed side critically anyway.

Where else courts name it

IA 6 (2019–2026) AR 3 (1922–1925)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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