State v. Ohlson

¶1

Fairhurst, J.

James Douglas Ohlson was convicted of two counts of assault in the second degree following a *5jury trial at which one victim, L.F., testified and the other victim, D.L., did not. Ohlson appeals his conviction on the grounds that D.L.’s out-of-court statements were improperly admitted as excited utterances and that admitting the statements violated Ohlson’s Sixth Amendment right to confrontation. We hold that the trial court did not abuse its discretion by admitting D.L.’s statements as excited utterances. While we reject the Court of Appeals’ per se rule that excited utterances…