Excited utterance

Federal Evidence Review has this interesting case about application of the excited utterance exception in a child abuse case.  While the court found error, it was ultimately decided to be harmless.  But the case is worth looking at as a primer on how to attack admission as an excited utterance.

In trial involving aggravated sexual abuse of a child, the victim’s statements to a physician’s assistant made “three years after the first alleged instance of abuse, and roughly a week after the most recent abuse” were not admissible as excited utterances under FRE 803(2), in United States v. Kenyon, 481 F.3d 1054 (8th Cir. Apr. 9, 2007) (No. 06-1693).