United States v. King

2000 U.S. App. LEXIS 18108, 2000 Colo. J. C.A.R. 4501 (2000)

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United States v. King

United States Court of Appeals for the Tenth Circuit
2000 U.S. App. LEXIS 18108, 2000 Colo. J. C.A.R. 4501 (2000)

SC

Facts

Richard King, Jr. (defendant) was charged with sexual abuse of Michael W., who was 15 years old and had learning disabilities. According to the evidence, Michael was out drinking with his friends on the day in question. At 5:30 p.m., Michael went home to change his clothes. When Michael returned to his friends, he told them that King had raped him while he was home. Michael continued drinking and passed out. Sometime after 11:30 p.m., Michael’s mother found him passed out and drove him home. After Michael got home, he told his mother that King had raped him. King filed a motion in limine to exclude Michael’s statement to his mother as hearsay. Several witnesses testified that Michael was shaken for several hours after the incident. The district court denied the motion, ruling that the statement was an excited utterance admissible as an exception to the hearsay rule. King was convicted, and he appealed.

Rule of Law

Issue

Holding and Reasoning ()

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