Davenport v. State

How courts have described this case

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

• holding that even if admission of testimony under the excited utterance exception was erroneous, the admission was cumulative and harmless
• concluding that any error in admitting a statement as an excited utterance was harmless where the statement was \cumulative of [the declarant's trial] testimony and the 911 tape\
• observing that statements made more than one-half hour after the startling event are generally not admissible as exeited utterances
• finding direct evidence where son observed his mother being beaten by the defendant, sought to intervene but was struck by defendant and went to bed, and the next day the mother was found murdered by strangulation, which was not witnessed by the son
• \It seems somewhat of a stretch to conclude that a statement [by a witness] one half-hour after the discovery of the body was still made under the stress of the startling event.\

Source: CourtListener parenthetical corpus (CC0).

Cited by

25 cases in this archive cite this case; the 20 most cited are listed.

• Fisher v. State
  Indiana Supreme Court· 2004-06-17· cited 377×
• Hammon v. State
  Indiana Supreme Court· 2005-06-16· cited 116×
• Hampton v. State
  Indiana Supreme Court· 2012-02-14· cited 80×
• Cavens v. Zaberdac
  Indiana Supreme Court· 2006-06-22· cited 80×
• Bryant v. State
  Indiana Court of Appeals· 2004-01-29· cited 76×
• Fowler v. State
  Indiana Supreme Court· 2005-06-16· cited 68×
• Webb v. State
  Indiana Supreme Court· 2012-03-23· cited 28×
• James O. Young v. State of Indiana
  Indiana Court of Appeals· 2012-12-11· cited 24×
• Jones v. State
  Indiana Court of Appeals· 2003-12-19· cited 23×
• Pinkston v. State
  Indiana Court of Appeals· 2005-01-26· cited 23×
• Jackson v. State
  Indiana Court of Appeals· 2001-12-04· cited 22×
• Burnside v. State
  Indiana Court of Appeals· 2006-12-14· cited 21×
• Candler v. State
  Indiana Court of Appeals· 2005-12-05· cited 19×
• D.G.B. v. State
  Indiana Court of Appeals· 2005-08-31· cited 13×
• Cody J. Chambless v. State of Indiana
  Indiana Court of Appeals· 2019-02-12· cited 10×
• Dorman v. Osmose, Inc.
  Indiana Court of Appeals· 2007-09-25· cited 4×
• DGB v. State
  Indiana Court of Appeals· 2005-08-31
• Timothy J. Miles v. State of Indiana (mem. dec.)
  Indiana Court of Appeals· 2017-05-24
• Arbie Clay, Jr. v. State of Indiana (mem. dec.)
  Indiana Court of Appeals· 2017-07-19
• Marques Ridley v. State of Indiana (mem. dec.)
  Indiana Court of Appeals· 2017-09-08

Cites

11 cases in this archive are cited by this case.

• Wright v. State
  Indiana Supreme Court· 1995-11-17· cited 328×
• Tillman v. State
  Indiana Supreme Court· 1994-11-04· cited 99×
• Cutter v. State
  Indiana Supreme Court· 2000-03-17· cited 85×
• Brown v. State
  Indiana Supreme Court· 1998-12-03· cited 77×
• McEwen v. State
  Indiana Supreme Court· 1998-04-30· cited 77×
• Yamobi v. State
  Indiana Supreme Court· 1996-10-29· cited 71×
• Spurlock v. State
  Indiana Supreme Court· 1997-05-02· cited 64×
• Nichols v. State
  Indiana Supreme Court· 1992-04-27· cited 34×
• Jenkins v. State
  Indiana Supreme Court· 2000-03-21· cited 32×
• Franklin v. State
  Indiana Supreme Court· 1999-09-08· cited 26×
• Young v. State
  Indiana Supreme Court· 1998-08-19· cited 26×