· 8/11/1983
Wilbert C. Haggins v. Warden, Fort Pillow State Farm
Citations
- 715 F.2d 1050
- 1983 U.S. App. LEXIS 24975
- 13 Fed. R. Serv. 1527
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- stating that factors such as age, physical condition, and mental condition affect the determination whether a declar-ant remains under the stress of the event
- stating that factors such as age, physical condition, and mental condition affect the determination whether a declarant remains under the stress of the event
- stating that “a finding that a statement falls within a firmly rooted hearsay exception means that it contains sufficient reliability to satisfy the requirements of the confrontation clause”
- noting that when considering the length of time, a court can take into consideration “other factors that affect spontaneity ... [including] the declarant’s age or physical or mental condition”
- “Any challenges to the reliability of these statements would go to their weight rather than their admissibility ... ”
- “[PJhysical factors such as shock, unconsciousness or pain, may prolong the period in which the risk of fabrication is reduced to an acceptable minimum.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Kennedy, Jones, Gilmore
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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