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United States v. Golden

671 F.2d 369 (1982)

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United States v. Golden

United States Court of Appeals for the Tenth Circuit

671 F.2d 369 (1982)

Facts

Bobby Ray Golden (defendant) was a police officer charged with depriving an individual of his civil rights. While on duty, Golden pulled over the victim for speeding and eventually assaulted the victim with a flashlight, causing great injury. The victim fled the scene and drove 12 miles to his grandmother’s house at 120 miles per hour. When the victim arrived, he told his grandmother about the assault and claimed he feared for his life. At trial, the government (plaintiff) sought to admit the statements made to his grandmother under the excited-utterance exception to hearsay. Golden was ultimately convicted of the charge by a district court. On appeal, Golden argued that the statements should not have been admitted as excited utterances because they were too remote in time from the assault to the time that they were said at the victim’s grandmother’s house.

Rule of Law

Issue

Holding and Reasoning (McKay, J.)

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