United States Tenth Circuit

A victim's statement to neighbors that she thought her husband was going to kill her after she left her residence when her husband broke into it in violation of a restraining order was an "excited utterance" admissible at the murder trial.

Appellate Information

• Decided 08/17/2001
• Published 08/17/2001

Judges

• EBEL, Circuit Judge., Before EBEL and HENRY, Circuit Judges, and ROGERS, Senior District Judge.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Richard A. Winterbottom, Assistant Federal Public Defender, Albuquerque, NM, for Petitioner-Appellant.


• For Appellees:
  
• Patricia A. Gandert, Assistant Attorney General, State of New Mexico (Patricia A. Madrid, Attorney General, State of New Mexico, with her on the briefs), Santa Fe, NM, for Respondent-Appellee.