Supreme Court of South Carolina· 1/14/2002

State v. Sims

Citations

558 S.E.2d 518
348 S.C. 16
2002 S.C. LEXIS 3

How courts have described this case

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

finding declarant's statement in response to a question did not prevent his answer from being an excited utterance
noting the declarant’s demeanor and the severity of the startling event are factors a trial court should consider in determining whether a statement qualifies as an excited utterance
finding the child \was under the continuing stress of excitement when he told [an officer] appellant was in the home the night of [his mother's] attack\ even though twelve hours had passed between the time of the attack and time of the child's statement to the officer
“An excited utterance is a statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.”
\Even statements after extended periods of time can be considered an excited utterance as long as they were made under continuing stress.\
AOn appeal, appellant also argues the trial court=s ruling violated the Sixth Amendment of the Constitution; however, this issue is not preserved for review because it was not raised at trial.@

Source: CourtListener parenthetical corpus (CC0).

Judges: Moore, Toal, Waller, Burnett, Pleicones

Read full opinion on CourtListener

Cited by

15 cases in this archive cite this case.

Cites

15 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

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.