DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
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132356P.pdf 06/25/2014 United States v. Brian Graves
U.S. Court of Appeals Case No: 13-2356
U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Shepherd, Author, with Colloton and Kelly, Circuit Judges]
Criminal case - Criminal law. District court did not err in admitting, as
an excited utterance under Rule 803(2), statements the victim gave police
thirty minutes after the incident; the lapse of time between the incident
and the statements was not so long as to render them inadmissible, and the
other factors - the victim's state of distress, the fact that the
statements were made in response to a general inquiry and the nature of
the incident - all established that the statements bore a guarantee of
trustworthiness and were not subject to reflection and deliberation.