| C. Overruled.
Admissible because Carls
excited condition made his statement reliable.
Correct.
Although this statement is hearsay, it is nonetheless admissible
under the "excited utterance" exception.
It is true that the officer is testifying
about an out-of-court statement by Carl that is being offered
to prove its truth: that Bob ran a red light. However, the
Rules of Evidence recognize exceptions to the rule that
hearsay is inadmissible. One of these exceptions, Rule 11-803(B)
NMRA 1999, recognizes that statements that relate to a startling
event or condition, and that are made while the declarant
was under the stress of excitement caused by the event of
condition, are exceptions to the hearsay rule. This exception
is called the "excited utterance" exception. Thus,
if the officer lays the foundation for the exception (i.e.,
testifies about the startling event and Carls excited
condition), Carls out-of-court statement is admissible
as an exception to the hearsay rule.
Get more
information on the Excited
Utterance Exception
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