26 Va. App. 176 - Braxton v. Commonwealth’s Empirical Analysis
1997
Citation profile
18 state decisions
How this case has been cited
Cited by 18 later decisions — most recently May 2012
18 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Henderson v. Brown · 4 Va. App. 438 - Martin v. Commonwealth · 7 Va. App. 10 - Blain v. Commonwealth · Goins v. Commonwealth · 5 Va. App. 188 - Evans-Smith v. Commonwealth
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A statement comes within the excited utterance exception to the hearsay rule and is admissible to prove the truth of the matter stated, when the statement is spontaneous and impulsive, thus guaranteeing its reliability____ The statement must be prompted by a startling event and be made at such time and under such circumstances as to preclude the presumption that it was made as the result of deliberation. In addition, the declarant must have firsthand knowledge of the startling event. The decision whether the statement qualifies as an excited utterance lies within the discretion of the trial court.””
2 later decisions quote this exact passage“The relationship between the subsequent startling event, the excited utterance generated by it, the prior event about which the statement comments, and the time between both startling events and the statement are all relevant, especially in regard to whether the utterance is made without reflection. We see no reason, however, given the rationale for the excited utterance exception in the first instance, why a subsequent related startling event cannot be the startling event that produces an excited utterance about a prior event or why that excited utterance cannot be considered for admission under the excited utterance exception to the hearsay rule. The trial court, of course, would still have to consider all elements, including the passage of time and opportunity for fabrication or excuse, in resolving the issue of spontaneity in order ultimately to rule on admissibility.”
1 later decision quote this exact passage“Whether a hearsay statement is an excited utterance is not determined solely by the lapse of time between the startling event and the declaration. Instead, the lapse of time is but one circumstance to consider when determining whether the declarant’s statement was prompted by a startling event, and not the product of premeditation, reflection, or design.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.