An excited utterance is an exception to the rule against hearsay in Massachusetts. Setting aside any confrontation issue, under Mass. law, a statement meets the test for admissibility as an excited utterance if:
- there is an occurrence or event sufficiently startling to render inoperative the normal reflective thought of the observer;
- the declarant’s statement is a spontaneous reaction to the occurrence or event; and
- the statement is not the result of reflective thought.
The “degree of excitement exhibited by the declarant is one factor relevant to the determination.” Commonwealth v. Barbale, SJC-12188 (2017). If you or someone you know is facing a criminal charge, the Worcester MA Attorneys can help you. Contact Shane W. Surrette, Worcester MA Attorneys at [email protected] or at (774) 364-4605 today.