Burgess v. Kuhlmann

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• where victim was “crying and nervous” and “in fear,” victim’s statement admissible as excited utterance two hours after defendant threatened her with knife to her throat
• adult victim's statements made two hours Page 391 after defendant held knife to her throat admissible where victim was \in a highly agitated state\
• third party’s testimony that defendant had related to her a threat to the victim some three weeks before murder was an admission by a party opponent
• victim's statement from two hours after defendant threatened her with knife is admissible as excited utterance
• declarant's statement made while she was \crying and nervous\ and \in fear\ qualified as excited utterance even though made two hours after defendant threatened her with knife
• victim’s mother’s testimony admissible even though it evoked sympathy from jury because it explained “victim’s presence in the crack house and . . . provide [d] ‘family background information’ ‘to humanize the proceedings’ ”

Source: CourtListener parenthetical corpus (CC0).