United States v. Golden

671 F.2d 369 (10th Cir. 1982)

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Nature of the Case

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Facts

D was charged in an indictment with willfully striking, beating, and assaulting the victim, and thereby violating his constitutional right not to be deprived of liberty without due process of law. The victim was stopped by D for allegedly running a red light at 2:00 a.m. D hit the victim with his flashlight, causing severe injuries that required eight stitches. There was controverted evidence that the victim resisted arrest and that D struck the victim only to subdue him. After the altercation, the victim drove twelve miles to his grandmother's house at speeds of 120 miles per hour. Upon his arrival, he related what had happened to him and said he feared for his life. D alleges that the trial court erroneously admitted into evidence testimony concerning the victim's statements to his grandmother pursuant to the excited utterance exception to the hearsay rule. Rule 803(2). D argues that the trial court erred in admitting this testimony because the conversation was hearsay and occurred too remote in time from the assault to fall within the excited utterance exception. The victim's statement to his grandmother occurred within fifteen minutes of the startling event, immediately after a high-speed flight from the scene of the assault. D was convicted and appealed.