Reyes v. State

I respectfully dissent from the majority’s holdings that the statements of the complainant and the two children were admissible as excited utterances and that the complainant’s medical records were properly admitted.

EXCITED UTTERANCES

A hearsay statement is admissible as an excited utterance when it relates to a “startling event or condition” and is made “while the declarant was under the stress of excitement caused by the event or con*923dition.”1 As the majority points out, “This exception is founded on the belief that the statements made are involuntary and do not alloiv the declarant an…