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Utah Supreme Court· 12/20/1995

State v. Smith

Citations

  • 909 P.2d 236
  • 280 Utah Adv. Rep. 6
  • 1995 Utah LEXIS 87
  • 1995 WL 755117

How courts have described this case

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

  • holding that a present sense impression exception requires the statement to be “strictly contemporaneous” with the event
  • holding that a present sense impression exception requires the statement to be “strictly contemporaneous” with the event
  • holding that victim’s statements to a child abuse investigator within three hours of assault were admissible where victim was bleeding, in pain, and in a “dissociative state” of “psychic shock”
  • noting that victim of a sexual assault suffered substantial bodily injury when she was still bleeding two hours after the assault occurred and required surgery
  • noting that rule 803(1)'s \'present sense impression'\ exception requires statements to be \strictly contemporaneous\ with the event or condition described
  • noting that child rape victim suffered substantial bodily injury when girl was bleeding from assault two hours after it occurred and was required to undergo an hour-long surgery to repair her injuries

Source: CourtListener parenthetical corpus (CC0).

Judges: Stewart, Howe, Durham, Stewart'S, Zimmerman, Russon, Howe'S

Read full opinion on CourtListener

Cited by

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

Cites

13 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.