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· 8/1/2005

United States v. Donald James Brun, Jr.

Citations

  • 416 F.3d 703
  • 2005 U.S. App. LEXIS 15747
  • 2005 WL 1797451

How courts have described this case

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

  • noting that statements were “unstructured” and “not the product of police interrogation” in determining they were excited utterances
  • determining that a witness’s 911 call to report a fight that had escalated to an assault was an excited utterance
  • determining that a 911 call made “under these circumstances” was nontestimonial
  • noting that appellate courts review trial courts = rulings on the admissibility of hearsay evidence for an abuse of discretion but review Confrontation Clause objections to admission of evidence under Crawford de novo
  • spontaneous utterances not testimonial because they are “emotional and spontaneous rather than deliberate and calculated”

Source: CourtListener parenthetical corpus (CC0).

Judges: Melloy, Heaney, Gruender

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.