Excited utterances

Federal Evidence Review has a good reminder that what may appear to be statements admissible as excited utterances may not in fact be so.  Thus, defense as always your job is to ensure that the prosecution doesn’t get away with ritualistic or talismanic incantations of, “it’s an excited utterance (or some other exception)".”

United States v. Erickson, ___ F.3d ___ (8th Cir. July 12, 2010).