State v. Cunningham

The issue in this criminal case is whether the trial court properly admitted certain testimony at defendant’s trial under the excited utterance exception to the hearsay rule. The trial court concluded that statements that the victim had made to her mother during a telephone call shortly before the victim’s death were admissible under OEC 803(2), which provides an exception to the general rule that hearsay is inadmissible in Oregon trials. A jury convicted defendant of murder, and he appealed, alleging numerous assignments of error. The Court of Appeals reversed and remanded, holding that the…