Get more case briefs explained with Quimbee. Quimbee has over 20,000 case briefs (and counting) keyed to over 223 casebooks ► [ Ссылка ]
United States v. Arnold | 486 F.3d 177 (2007)
Under the Federal Rules of Evidence, or F R E, hearsay evidence, which is an out-of-court statement that’s offered to prove the truth of the matter asserted in the statement, is inadmissible. However, Rule Eight Oh Three of the F R E provides a number of specific exceptions to this evidentiary rule. In United States versus Arnold, the Sixth Circuit considered whether one of these exceptions, known as the excited-utterance exception, applied in a criminal case against a convicted murderer.
On September nineteenth, two thousand two, Tamica Gordon got into a verbal fight with her mother’s boyfriend, Joseph Arnold. At the time, Arnold was a convicted murderer who had recently been released from prison. In a nine one one call to police following the fight, Gordon stated that Arnold had pulled a gun on her and that she believed Arnold was going to shoot her.
When officers arrived, Gordon was visibly shaken. As Gordon approached the officers, she exclaimed that Arnold had pulled a gun on her and that he was trying to kill her. Further, Gordon described the gun as a black handgun.
Shortly afterward, Gordon’s mother pulled her car into the driveway with Arnold sitting in the passenger seat. When Gordon saw Arnold, she exclaimed, quote, “That’s him, that’s the guy that pulled the gun on me, Joseph Arnold, that’s him!” unquote. Gordon also stated Arnold had a gun.
The officers, after frisking Arnold, obtained consent to search the car. During the search, officers found a black handgun under the passenger’s seat.
Subsequently, Arnold was arrested and charged in federal district court with illegal possession of a firearm by a felon. At trial, Gordon didn’t testify. The government then sought to admit into evidence under the excited-utterance exception to the hearsay rule the nine one one call and two of Gordon’s statements. The district court admitted the evidence, and the jury found Arnold guilty. Arnold appealed to the Sixth Circuit.
Want more details on this case? Get the rule of law, issues, holding and reasonings, and more case facts here: [ Ссылка ]
The Quimbee App features over 20,000 case briefs keyed to over 223 casebooks. Try it free for 7 days! ► [ Ссылка ]
Have Questions about this Case? Submit your questions and get answers from a real attorney here: [ Ссылка ]
Did we just become best friends? Stay connected to Quimbee here: Subscribe to our YouTube Channel ► [ Ссылка ]
Quimbee Case Brief App ► [ Ссылка ]
Facebook ► [ Ссылка ]
Twitter ► [ Ссылка ]
#casebriefs #lawcases #casesummaries
