State v. Parks

OPINION

NORRIS, Judge.

¶ 1 David Patrick Parks was convicted of manslaughter in the shooting death of Neal Pluguez. Parks’ son, Cory, witnessed the shooting. Cory died in an automobile accident before trial. Over objection, the trial court allowed the State to introduce into evidence at trial statements made by Cory to a sheriffs deputy at the crime scene under the “excited utterance” exception to the hearsay rule.

¶ 2 The dispositive issue in this appeal is whether admission of Cory’s out-of-court statements as excited utterances complied with the Sixth Amendment guarantee that “[i]n all…