911 Call, Statements Admissible in Domestic Violence Case, Rules 6th Circuit

Lawyers USAJune 05, 2007

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Summary


The statements a domestic violence victim made in a 911 call and to police on the scene are admissible as excited utterances under the federal rules of evidence and as non-testimonial statements under Crawford, the en banc 6th Circuit has ruled.

The victim called 911, saying her mother's boyfriend pulled a gun on her. When the police arrived, she again exclaimed that the defendant had pulled a gun and was trying to kill her. Soon after the officers came on the scene, the defendant unexpectedly returned and the victim became anxious again, identifying him as the individual who pulled the gun on her.

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911 Call, Statements Admissible in Domestic Violence Case, Rules 6th Circuit

The defendant argued that these out-of-court statements should not have been...

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