SocialSecurity Securities Immigration
Whether statements made to the SANE nurse are testimonial for Sixth Amendment purposes
question presented is: 1. Are hearsay statements made to a SANE nurse by a witness complaining of sexual assault, who is not available at trial because of death, testimonial in nature and _ therefore inadmissible under the Sixth Amendment in the absence of incourt confrontation by the accused? II. In addition to hearsay statements by the complaining witness made to the SANE nurse, the State was allowed to introduce into evidence statements made to the grandmother of the complaining witness. The lower court found such hearsay nontestimonial, and otherwise admissible under the “excited utterance” exception to the hearsay rule. The question presented is: 2. Are hearsay statements made the grandmother of the witness testimonial under the Sixth Amendment and admissible under the “excited utterance” exception to the hearsay rule when the startling event occurred up to a day prior to the statements? ii