· 3/1/2010
State v. STAHLNECKER
Citations
- 690 S.E.2d 565
- 386 S.C. 609
- 2010 S.C. LEXIS 38
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding a victim who \was upset and crying when she told her mother about the [sexual] abuse\ was under the stress of excitement; thus, her statements were admissible as excited utterances
- holding an objection must be made on a specific ground, and for an issue to be properly preserved it has to be raised to and ruled on by the trial court
- noting one of the factors useful in determining whether a statement qualifies as an excited utterance is the declarant's demeanor
- listing the three elements that must be met to admit a statement as an excited utterance
- explaining a party need only raise an issue and receive a ruling on it for it to be preserved
- noting, though not dispositive, the passage of time between the startling event and the statement is a factor to consider in determining whether a statement is an excited utterance
Source: CourtListener parenthetical corpus (CC0).
Judges: Toal, Waller, Beatty, Kittredge, Pleicones
Read full opinion on CourtListenerSourced 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.