Legal Question in Criminal Law in Texas

Re: Excited Utterances Reliability

"Excited utterances" is a very specific legal term that has a specific meaning. If something that was said is determined by the judge to meet the legal definition of an excited utterance, then it will be admissible. The determination that the judge will make will be based on lots of factors that must be brought out at trial. Unfortunately, the only correct answer that can be given to your question is that it just depends.

Re: Excited Utterances Reliability

Excited Utterance

An excited utterance is a statement relating to a startling event or condition made while the declarant was under the stress or excitement caused by the event or condition. A statement that is simply a narrative of past acts or events is distinct from an excited utterance and does not qualify as an exception to the Hearsay Rule regardless of how soon after the event it is made. Therefore, under the circumstances as you related them, I would argue that what was said to police officers after she had time to calm down and reflect is not an excited utterance and should be excluded as hearsay. You should have your lawyer make a detailed analysis under facts and conditions as they exist in your case.

JOHN T. FLOYD LAW FIRM � HOUSTON CRIMINAL DEFENSE LAWYER

WWW.JOHNTFLOYD.COM

Re: Excited Utterances Reliability

Hello there,

Many people and judges have different views on what an excited utterance is and how long of a period of time the statement can be made and still used in Court.

This is a Hearsay Evidentiary Question where the statement must be made during the heat of passion or during ones being upset. This is what makes the statement admissible.

The big question is time and whether or not the individual is still under the grasp of the excitement.

If I can be of any further assistance feel free to contact my office.

Sincerely,

Erick Platten

PLATTEN LAW OFFICE

STATE WIDE REPRESENTATION

TylerJustice.com