context: As a general proposition, where a statement relating to a startling event does not immediately follow that event, there is a strong presumption against admissibility under M.R.E. 803(2).
citation_a.signal: but see
citation_a.identifier: 198 F.3d 1062, 1062
citation_a.parenthetical: questioning the rationale for applying the excited utterance exception differently for children and adults
citation_a.sentence: See id. (acknowledging that children may stay excited longer than adults); Arnold, 25 M.J. at 132 (statement of 16-year-old rape victim held admissible despite at least a 12-hour lapse between the rape and the statement); United States v. Farley, 992 F.2d 1122, 1126 (10th Cir.1993)(admitting statements of five-year old though one statement was made two hours after the assault and the other at least 12 hours after the assault); Morgan, 846 F.2d at 947 (finding that a four-year old’s three-hour lapse in reporting an assault was “well within the bounds of reasonableness” for an excited utterance); Gross v. Greer, 773 F.2d 116,119-20 (7th Cir.1985)(holding that a lower court properly admitted a four-year old’s hearsay statement although she made it 12-15 hours after the startling event); Iron Shell, 633 F.2d at 86 (admitting statement of nine-year-old victim as an excited utterance although she made the statement one hour after the assault); but see Thalacker, 198 F.3d at 1062 (questioning the rationale for applying the excited utterance exception differently for children and adults).
citation_b.signal: see
citation_b.identifier: 846 F.2d 947, 947
citation_b.parenthetical: finding that a four-year old's three-hour lapse in reporting an assault was "well within the bounds of reasonableness" for an excited utterance
citation_b.sentence: See id. (acknowledging that children may stay excited longer than adults); Arnold, 25 M.J. at 132 (statement of 16-year-old rape victim held admissible despite at least a 12-hour lapse between the rape and the statement); United States v. Farley, 992 F.2d 1122, 1126 (10th Cir.1993)(admitting statements of five-year old though one statement was made two hours after the assault and the other at least 12 hours after the assault); Morgan, 846 F.2d at 947 (finding that a four-year old’s three-hour lapse in reporting an assault was “well within the bounds of reasonableness” for an excited utterance); Gross v. Greer, 773 F.2d 116,119-20 (7th Cir.1985)(holding that a lower court properly admitted a four-year old’s hearsay statement although she made it 12-15 hours after the startling event); Iron Shell, 633 F.2d at 86 (admitting statement of nine-year-old victim as an excited utterance although she made the statement one hour after the assault); but see Thalacker, 198 F.3d at 1062 (questioning the rationale for applying the excited utterance exception differently for children and adults).