Legal Opinion
Culp v. State
Supreme Court of Delaware
Decided February 21, 2001No. 13, 2000PublishedCited by 33 opinions
1Opinion of the Court
WALSH, Justice:
In this appeal from the Superior Court, we examine whether the trial court erred in refusing to permit the introduction into evidence of certain statements made by the defendant that were recorded on a 911 tape. We conclude that the proffered testimony satisfies the excited utterance exception to the hearsay rule under Delaware Rule of Evidence 803(2). Because the disputed evidence was supportive of the defendant’s claim of accident, its exclusion was reversible error.
I
On July 28, 1999, the victim, Lee B. Hicks (“Hicks”), attended a family barbeque with his girlfriend,…
2Cases cited11 opinions
- United States v. John Louis Iron Shell, Jr.Court of Appeals for the Eighth Circuit · 1980
- Miller, Carol A., and Miller, Howard C., Her Husband v. Keating, Lawrence M., and Texaco, IncCourt of Appeals for the Third Circuit · 1985
- Van Arsdall v. StateSupreme Court of Delaware · 1987
- United States v. Byron MitchellCourt of Appeals for the Third Circuit · 1998
- Lilly v. StateSupreme Court of Delaware · 1994
6 more not listed; retrieve them via the Exa API.
3Cited by33 opinions
- State v. CulpSupreme Court of Delaware · 2016
- Cabrera v. StateSupreme Court of Delaware · 2004
- Parker v. StateSupreme Court of Delaware · 2014
- Warren v. StateSupreme Court of Delaware · 2001
- Harper v. StateSupreme Court of Delaware · 2009
28 more not listed; retrieve them via the Exa API.