No. 23-640

Caleb A. C. Smith v. United States

Lower Court: Armed Forces
Docketed: 2023-12-14
Status: Denied
Type: Paid
Response Waived
Tags: 10th-circuit declarant-memory evidence-rule evidence-rules excited-utterance hearsay-exception memory military-rules-of-evidence statement-admissibility testimonial-evidence unpublished-decision
Key Terms:
SocialSecurity Securities Immigration
Latest Conference: 2024-01-19
Question Presented (AI Summary)

Whether a statement made hours after an alleged assault is admissible as an excited utterance?

Question Presented (OCR Extract)

QUESTION PRESENTED Whether a statement, made hours after an alleged assault that the declarant has no memory of, is admissible as an excited utterance?

Docket Entries

2024-01-22
Petition DENIED.
2024-01-03
DISTRIBUTED for Conference of 1/19/2024.
2023-12-29
Waiver of right of respondent United States to respond filed.
2023-12-07
2023-10-10
Application (23A291) granted by The Chief Justice extending the time to file until December 9, 2023.
2023-09-29
Application (23A291) to extend the time to file a petition for a writ of certiorari from October 10, 2023 to December 9, 2023, submitted to The Chief Justice.

Attorneys

Caleb A. C. Smith
Heather Marie CaineUS Air Force, Petitioner
Heather Marie CaineUS Air Force, Petitioner
United States
Elizabeth B. PrelogarSolicitor General, Respondent
Elizabeth B. PrelogarSolicitor General, Respondent