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· 5/1/2024

Tomanek v. State

How courts have described this case

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

  • explaining that the present state of mind exception is intended to apply to “immediate reaction[s],” not statements made after the declarant has “ample opportunity to reflect on the situation”
  • defendant’s statement of belief about the victim’s age, made the day after meeting the victim online, was not contemporaneous with the defendant’s then-existing state of mind when he met the victim
  • defendant's statement of belief about the victim's age, made the day after meeting the victim online, was not contemporaneous with the defendant's then-existing state of mind when he met the victim
  • defendant’s statement of belief about the victim’s age, made the day after meeting the victim online, was not contemporaneous with the defendant’s then-existing state of mind when he met the victim

Source: CourtListener parenthetical corpus (CC0).

Judges: Ausby

Read full opinion on CourtListener

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.