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State v. Burroughs

Citations

  • 492 S.E.2d 408
  • 328 S.C. 489
  • 1997 S.C. App. LEXIS 126

How courts have described this case

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

  • explaining that the former res gestae exception had the same temporal requirement as the excited utterance exception
  • noting that separate issues should be set forth and argued separately rather than lumped together under a single, broad issue
  • holding testimony of nurse and officer regarding victim’s statements that were made to them nearly ten hours after sexual assault was not admissible under present sense impression exception to hearsay rule
  • “Certainly, a statement that the victim had been raped or that the assailant had hurt the victim in a particular area would be pertinent to the diagnosis and treatment of the victim.”
  • nurse's testimony that rape victim told her defendant had asked if he could hug victim before he assaulted her was not admissible under Rule 803(4), as statement \in no way can be viewed as 'reasonably pertinent' to victim's diagnosis or treatment\

Source: CourtListener parenthetical corpus (CC0).

Judges: Howell, Hearn, Stilwell

Read full opinion on CourtListener

Cited by

18 cases in this archive cite this case.

Cites

16 cases in this archive are cited by this case.

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.