State v. Graves

1 Analyses of this case by attorneys

  1. Confrontation – Hearsay: “Testimonial” Statement – Excited Utterances – Ongoing Emergency

    Wisconsin State Public DefenderFebruary 23, 2006

    When the deputies questioned Ms. Thorn, they were seeking to determine “what happened” rather than “what is happening.”See also State v. Alvarez, 143 P.3d 668 (Az App 2006), supp. op. (responses of semi-conscious, and soon-dead, victim not testimonial, court citing Rodriguez with approval; disputing idea that “what happened” questions necessarily testimonial — but in that instance victim found staggering on highway, and thus presented an “ongoing emergency”); State v. Graves, 157 P.3d 295O (Ore. App 2007) (similar facts to Rodriguez, police response to 911 call on DV emergency, but not entirely compatible result: first statement, made immediately on police arrival at home, nontestimonial because there was potential emergency; subsequent statements at scene testimonial because police had confirmed defendant no longer in house and thus was no imminent threat); State v. Ohlson, 168 P.3d 1273 (Wn. 2007) (“the critical consideration is not whether the perpetrator is or is not at the scene, but rather whether the perpetrator poses a threat of harm, thereby contributing to an on-going emergency”); State v. Camarena, 176 P.3d 380 (Ore. 2008) (911 call reporting that assailant had only left a minute ago non-testimonial, because “the scant 60 seconds … is insufficient to suggest that the danger of a renewed assault had fully abated”; however, certain “responses were unnecessary to resolve an ongoing emergency” and were therefore testimonial).