Troy Brown v. John Keane, Superintendent, Woodbourne Correctional Facility Eliot Spitzer, Attorney General of the State of New York

How courts have described this case

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

• noting that the excited utterance exception “has been ruled to be firmly rooted” (citing Lilly v. Virginia, 527 U.S. 116, 126 (1999))
• explaining that excited utterances are those made “in a moment of excitement—without the opportunity to reflect on the consequences of one’s exclamation” (internal quotation marks omitted)
• \Cases applying the res gestae doctrine to admit present sense impressions date back at least as early as 1897.\
• same for anonymous 911 caller reporting a shooting; equally likely that caller only heard gunshots and speculated as to the description of the shooter
• “Statements based on present 16 sense impressions . . . express knowledge based on direct sensory perception.”
• anonymous 911 call describing a man that matched defendant as the shooter was not admissible because prosecution failed to show caller saw who shot the gun

Source: CourtListener parenthetical corpus (CC0).