State v. Briscoeray

— Leonard Briscoeray appeals his conviction for attempted second degree murder and second degree assault. He argues that the trial court erred in admitting as excited utterances certain incriminatory statements that the victim made soon after the assault. We review this assignment of error for abuse of discretion and not de novo. We hold that the trial court did not err in admitting the evidence. Although the victim later retracted the statements at issue, and testified that she had lied at the time of her contact with authorities, the original statements were nonetheless admissible as…