| 25-6203 |
Misael Fabian Medina v. United States |
First Circuit |
2025-11-24 |
Denied |
Response WaivedIFP |
appellate-review evidence-rule excited-utterance hearsay-exception procedural-fairness reliability-standard |
Have the federal appellate courts departed too far from the purpose and intent of the excited utterance exception to the hearsay rule, such that the r… |
| 23-6802 |
Wally Irizarry-Sisco v. United States |
First Circuit |
2024-02-21 |
Denied |
Response WaivedIFP |
child-sex-abuse child-sex-case criminal-procedure double-jeopardy due-process evidence-law excited-utterance hearsay hearsay-exception sixth-amendment |
Whether Federal Rule of Evidence 803(2) encompasses out-of-court statements that go beyond the exciting event, are elicited by questioning, and are in… |
| 23-820 |
Ohio v. William Johnson |
Ohio |
2024-01-30 |
Denied |
Amici (2)Response RequestedRelisted (2) |
911-recording confrontation-clause domestic-violence excited-utterance hearsay non-testimonial ongoing-emergency sixth-amendment |
Were the statements describing the fresh incident of domestic violence in the 911 recording non-testimonial? |
| 23-640 |
Caleb A. C. Smith v. United States |
Armed Forces |
2023-12-14 |
Denied |
Response Waived |
10th-circuit declarant-memory evidence-rule evidence-rules excited-utterance hearsay-exception memory military-rules-of-evidence statement-admissibility testimonial-evidence unpublished-decision |
Whether a statement made hours after an alleged assault is admissible as an excited utterance? |
| 21-7982 |
In Re Mo Savoy Hicks |
|
2022-05-27 |
Denied |
IFP |
actual-innocence deceptive-testimony excited-testimony excited-utterance forensic-evidence forensic-exposition fourth-amendment legal-relief miscarriage-of-justice perjury |
Does the novel issue, Forensic Exposition, demonstrate deceptive testimony and establish actual innocence? |
| 21-7427 |
William Gregory Snow v. Illinois |
Illinois |
2022-03-22 |
Denied |
Response WaivedIFP |
constitutional-law constitutional-rights due-process evidence-rule excited-utterance hearsay hearsay-exception impeachment prior-consistent-statements witness-testimony |
Whether the Third District Appellate Court of Illinois' ruling unconstitutionally expanded the scope of the excited utterance exception to hearsay as … |
| 21-6919 |
Kevin Vigil v. United States |
Tenth Circuit |
2022-01-20 |
Denied |
Response WaivedIFP |
criminal-jurisdiction criminal-procedure evidence-of-continuous-excitement excited-utterance federal-criminal-jurisdiction federal-evidence-rule federal-rules-of-evidence hearsay-exception indian-country-status indian-law pueblo-lands-act |
Whether a hearsay statement may be properly admitted as an excited utterance |
| 18-7228 |
Dashawn D. Brown v. United States |
Fourth Circuit |
2019-01-04 |
Denied |
Response WaivedIFP |
criminal-procedure due-process evidence evidence-sufficiency excited-utterance excited-utterances hearsay hearsay-evidence prior-identification residual-hearsay-exception sentencing sentencing-error supervised-release |
Whether the sentencing court erred in admitting hearsay statements as excited utterances |