Pangburn v. Culbertson

How courts have described this case

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

• describing statements made to police an hour after a shooting as admissible under the excited utterance or present sense impression hearsay exceptions
• statement admitted as dying declaration where, while in transit to the hospital after having been stabbed, declarant described his attacker to a police officer and stated “I’m not going to make it.”
• “[Police] reports contain double hearsay—i.e., the first level being the report itself, and the second level the hearsay in the document. Double hearsay is admissible if each level of hearsay satisfies a hearsay exception.”
• “The lack of inherent reliability of deathbed statements has often been pointed out. Experience suggests that the desire for revenge or self-exoneration or to protect one’s loved ones may continue until the moment of death.” (citation and quotation marks omitted)
• “Any statement that is made by a declarant not testifying at trial, offered in evidence to prove the truth of the matter asserted, is excluded as hearsay absent applicability of one of the hearsay exceptions provided in the Federal Rules of Evidence or a relevant statute.”
• “Any statement that is made by a declarant not testifying at trial, offered in evidence to prove the truth of the matter asserted, is excluded as hearsay absent applicability of one of the hearsay exceptions provided in the Federal Rules of Evidence or a relevant statute.”

Source: CourtListener parenthetical corpus (CC0).