 |
 |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|
|
|
|
Al-Amin v. State5/24/2004
(3) (476 SE2d 252) (1996).
The trial court correctly determined that with respect to the statement of the neighbor, the defense failed to carry its burden of demonstrating particularized guarantees of trustworthiness. Phillips, supra at (4). In addition, the evidence would have been cumulative of the testimony given by several witnesses that gunfire was heard at 10:00 p.m., and a vehicle (dissimilar to Al-Amin's) was seen driving away from the scene several minutes later. Thus, the excluded evidence was not more probative of the fact for which it was offered than other properly admitted evidence. Id.
Likewise, there was absolutely no showing of reliability with respect to the statement of the anonymous declarant. Nor did the anonymous statement qualify as an excited utterance. To be admissible as an excited utterance, the proponent of the hearsay must show that the event precipitating the statement was "sufficiently startling to render inoperative the declarant's normal reflective thought processes, and the declarant's statement must have been the result of a spontaneous reaction." Walthour v. State, 269 Ga. 396, 397 (2) (497 SE2d 799 (1998). See also Lindsey v. State, 271 Ga. 657 (2) (522 SE2d 459) (1999). Al-Amin failed to meet this burden.
The trial court correctly determined that the hearsay statements were not admissible for the reasons advanced.
Judgment affirmed. All the Justices concur.
Page 1 2 3 4 5 6 7 8 9 10 11 12 Georgia DUI Attorneys
DUI Lawyers
|
| |
to fill out a simple form to connect to DUI Lawyers in your area.
|
|