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excited utterance Archives

Self Serving Statement Not an Excited Utterance

In Tennessee, an 'excited utterance' is a specific exception to the hearsay rule of evidence. Generally, extrajudicial assertions of fact are considered hearsay cannot be introduced to prove those facts. Some exceptions apply. One of those exceptions in Tennessee is an 'excited utterance,' which is a statement relating to a startling event or condition made while the declarant was under the stress of the event or condition. Courts consider these kinds of hearsay statements sufficiently reliable to at least be heard by a jury (though the jury is certainly free to determine how much weight to afford the statement). In the recent case of State v Wells, W2014-00185-CCA-R3-CD (Tenn.Crim.App. 3-13-2015), the Court of Criminal Appeals rejected the defense argument that the Defendant's assertions of self defense made to an arresting officer met the requirements of this exception.

Self Serving Statement Not an Excited Utterance

In Tennessee, an 'excited utterance' is a specific exception to the hearsay rule of evidence. Generally, extrajudicial assertions of fact are considered hearsay cannot be introduced to prove those facts. Some exceptions apply. One of those exceptions in Tennessee is an 'excited utterance,' which is a statement relating to a startling event or condition made while the declarant was under the stress of the event or condition. Courts consider these kinds of hearsay statements sufficiently reliable to at least be heard by a jury (though the jury is certainly free to determine how much weight to afford the statement). In the recent case of State v Wells, W2014-00185-CCA-R3-CD (Tenn.Crim.App. 3-13-2015), the Court of Criminal Appeals rejected the defense argument that the Defendant's assertions of self defense made to an arresting officer met the requirements of this exception.

Self Serving Statement Not an Excited Utterance

In Tennessee, an 'excited utterance' is a specific exception to the hearsay rule of evidence. Generally, extrajudicial assertions of fact are considered hearsay cannot be introduced to prove those facts. Some exceptions apply. One of those exceptions in Tennessee is an 'excited utterance,' which is a statement relating to a startling event or condition made while the declarant was under the stress of the event or condition. Courts consider these kinds of hearsay statements sufficiently reliable to at least be heard by a jury (though the jury is certainly free to determine how much weight to afford the statement). In the recent case of State v Wells, W2014-00185-CCA-R3-CD (Tenn.Crim.App. 3-13-2015), the Court of Criminal Appeals rejected the defense argument that the Defendant's assertions of self defense made to an arresting officer met the requirements of this exception.

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