State v. Good Bear

Citations

• 2024 ND 18

Syllabus

In determining if an out-of-court statement is admissible, the district court must first determine if the statement qualifies as hearsay under the rules of evidence. If not hearsay, then the statement is admissible if it is hearsay, the court must then determine if it qualifies as an exception to the hearsay rule as outlined in the N.D.R.Ev. 803 and N.D.R.Ev. 804. The excited utterance exception outlined in N.D.R.Ev. 803(2) is permitted regardless of the declarant's availability to testify as a witness. The amount of time that is permissible to lapse between the event and the statement, to allow the statement to qualify under the excited utterance exception, is more likely to be on the high end of the range permitted when the statement is made by a child, as a young child will likely remain excited longer than adults. Even when a hearsay statement falls within an exception to the rule, it may not be admitted if the statement is testimonial in violation of the Sixth Amendment.