State v. Alers

¶ 1.

Robinson, J.

Defendant Lawrence Alers was convicted of simple assault following a jury trial. He appeals, contending (1) that the trial court’s admission of a particular out-of-court statement under the “excited utterance” exception to the hearsay rule violated his rights under the Confrontation Clause of the Sixth Amendment, and (2) that without the offending evidence, the State did not present sufficient evidence of bodily injury to support the conviction. We conclude that because the out-of-court statement was -testimonial, its admission did violate defendant’s confrontation rights.…