State v. McHoney

How courts have described this case

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

• declaring that polygraph evidence is subject to general rules of evidence but is \generally inadmissible\
• holding the necessary state of mind by a declarant can be inferred from the facts and circumstances surrounding the declaration
• noting that a victim’s nonverbal responses about her attacker as elicted by a nurse were excited utterances
• concluding the declarant’s statement was an excited utterance and “inherently reliable” because “[t]here was no time for the [declarant] to reflect on the event”
• holding a jury view is a matter within the discretion of the trial court and its decision will not be reversed absent an abuse of discretion
• observing that an excited utterance expresses the real belief of the speaker because the utterance is made under the immediate and uncontrolled domination of the senses, rather than under reason and reflection

Source: CourtListener parenthetical corpus (CC0).