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Testimonial Statements, Excited Utterances And The Confrontation Clause: Formulating A Precise Rule After Crawford And Davis, Gary M. Bishop

Cleveland State Law Review

This Article will analyze whether the post-Crawford decisions have been consistent in their treatment of statements that qualify as excited utterances in light of the Confrontation Clause principles and various definitions of testimonial in Crawford. Part II of this Article will provide a discussion of the Crawford decision itself and an analysis of Crawford's treatment of earlier cases in this area. Part III of this Article will provide a discussion and analysis of court decisions that have applied Crawford in the context of excited utterances. It will do this by examining the factors that these courts have considered and emphasized …