State v. Hembertt

NATURE OF CASE

The defendant, David C. Hembertt, was convicted in the county court of assault and battery, based in part on the testimony of an Omaha police officer regarding statements made by the alleged victim when police arrived at the scene after the assault. The alleged victim did not testify at trial. The issues presented in this appeal are whether the officer’s testimony as to the alleged victim’s statements was properly admitted into evidence under the excited utterance exception to the hearsay rule and, if so, whether the statements were “testimonial” within the meaning of the…