This case is a perfect example of why it is important to have a criminal attorney in any criminal matter. Excited Utterance is an exception to the hearsay rule. Exceptions can make or break a case. The recent published South Carolina Supreme Court Case (www.judicial.state.sc.us/opinions/HTMLFiles/SC/27560.pdf) certainly reminds us all of just how complicated the exception to the hearsay rule is. The Rule can be found at http://www.judicial.state.sc.us/courtReg/displayRule.cfm?ruleID=803.0&subRuleID=&ruleType=EVD.
What is interesting about this case is how an investigating officer testified concerning a statement by an alleged victim. This conflicted with the Confrontation Clause because the Defendant most certainly should be able to confront those who make the accusations that they broke the law.
Further, this case also highlights the fact that it is so very important to protect the record in case there is an appeal. Here, the Supreme Court ordered a new trial. This was a fair and unanimous decision by all of the South Carolina Supreme Court Justices. If anyone ever said a criminal Defendant cannot get a fair criminal trial in South Carolina, well, this case would certainly make them rethink their statement.