Esposito v. State

Michael Esposito v. State of Maryland, No. 1148, Sept. Term, 2023. Opinion by Tang, J. CRIMINAL LAW – EVIDENCE – RES GESTAE – RES GESTAE; EXCITED UTTERANCES – ACTS AND STATEMENTS OF PERSON INJURED – IN GENERAL To make a statement admissible as an excited utterance, the proponent of the evidence must satisfy three requirements. “First, the proponent must establish that an exciting or startling event occurred, and that the declarant had personal knowledge of that event.” Curtis v. State, 259 Md. App. 283, 315 (2023). Second, the statement sought to be admitted must “relate[] to the underlying…