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Tennessee Supreme Court· 4/29/2010

State v. Franklin

Citations

  • 308 S.W.3d 799
  • 2010 Tenn. LEXIS 415
  • 2010 WL 1711764

How courts have described this case

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

  • stating that the admissibility of testimonial hearsay is subject to Confrontation Clause scrutiny, whereas the admissibility of nontestimonial hearsay is governed by the Tennessee Rules of Evidence
  • noting that “[a]n objective standard, focusing on the perspective of a reasonable person, governs the determination of the statement’s primary purpose” and that courts should consider the intent of both the declarant and the questioner
  • articulating a list of non-exclusive factors to consider when determining whether a particular statement is “testimonial”
  • stating “we will continue to define which statements are ‘testimonial’ only to the extent necessary to resolve the case before us”
  • noting that the requirements for the excited utterance exception to apply under Tennessee law are (1) “a startling event or condition that suspend[s] the normal reflective processes of the declarant,” (2) that the statement relates to the startling event or admission; and (3
  • defining a statement as nontestimonial “if the primary purpose is something other than establishing or proving past events potentially relevant to prosecution, such as providing or enabling assistance to resolve an ongoing emergency”

Source: CourtListener parenthetical corpus (CC0).

Judges: Justice Cornelia A. Clark

Read full opinion on CourtListener

Cited by

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

Cites

58 cases in this archive are cited by this case; the 20 most cited are listed.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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