Legal Opinion
United States v. Brian Graves
Court of Appeals for the Eighth Circuit
Decided June 25, 2014No. 13-2356PublishedCited by 10 opinions
1Opinion of the Court
SHEPHERD, Circuit Judge.
A jury convicted Brian Gordon Graves of Assault with a Dangerous Weapon and Domestic Assault by an Habitual Offender. At the trial and over Graves’ objections, the district court 1 permitted the government to introduce, as an excited utterance under Federal Rule of Evidence 803(2), statements the alleged victim made to a police officer on the night of the incident. Graves now appeals his conviction, arguing the district court abused its discretion in admitting the statements as an excited utterance because the alleged victim was not under the stress of the incident at…
2Cases cited11 opinions
- United States v. John Louis Iron Shell, Jr.Court of Appeals for the Eighth Circuit · 1980
- Brunsting v. Lutsen Mountains Corp.Court of Appeals for the Eighth Circuit · 2010
- United States v. Randy PhelpsCourt of Appeals for the Eighth Circuit · 1999
- Miller, Carol A., and Miller, Howard C., Her Husband v. Keating, Lawrence M., and Texaco, IncCourt of Appeals for the Third Circuit · 1985
- United States v. David WilcoxCourt of Appeals for the Eighth Circuit · 2007
6 more not listed; retrieve them via the Exa API.
3Cited by10 opinions
- United States v. Donald BomanCourt of Appeals for the Eighth Circuit · 2016
- United States v. Crystal EarthCourt of Appeals for the Eighth Circuit · 2021
- United States v. Lester BrownCourt of Appeals for the Eighth Circuit · 2024
- United States v. Elmarries HarrisCourt of Appeals for the Eighth Circuit · 2024
- United States v. Tina SullyCourt of Appeals for the Eighth Circuit · 2024
5 more not listed; retrieve them via the Exa API.