Topic: must be unrehearsed and made while still under the stress o… · Go Syfert
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Topic #14730

6 canonical passages across 5 cases, quoted by 27 opinions in total. These passages cluster together because the same opinions keep quoting them side by side: they state parts of one doctrine. The anchor passage is from Hardiman v. State.

#Case FlagCanonical passage Citers
1 Hardiman v. State Anchor
ind · 2000
green “must be unrehearsed and made while still under the stress of excitement from the startling event.” 8
2 Hardiman v. State
ind · 2000
green “the underlying rationale of the excited utterance exception is that such a declaration from one who has recently suffered an overpowering experience is likely to be truthful.” 7
3 Brooks v. State
texapp · 2004
green “the threshold question imposed by crawford is whether the proffered out-of-court statement is 'testimonial' in nature.” 3
4 Shelby v. State
texcrimapp · 1991
green “the sixth amendment's right of confrontation is a fundamental right and is applicable to the states by virtue of the fourteenth amendment.” 3
5 Lopez v. State
fladistctapp · 2004
green “some excited utterances are testimonial, and others are not, depending on the circumstances.” 3
6 People v. Moscat
nycrimct · 2004
green “because complainants in domestic violence cases often do not appear for trial, prosecutors have in recent years tried to fashion 'victim less' prosecutions” 3

A red or yellow flag on a member means the underlying case has negative treatment: for those, check the case page before relying on the passage.

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