In a murder case, immediately after the shooting, Derek says, 'Oh, no! Joe shot Henry in the head!' What is the correct classification?

In a murder case, immediately after the shooting, Derek says, 'Oh, no! Joe shot Henry in the head!' What is the correct classification?

• A. It is hearsay but admissible as an Excited Utterance
• B. It is not hearsay because Derek is a witness
• C. It is admissible as a Present Sense Impression
• D. It is inadmissible

Answer: (A)

When a statement is made out of court to prove the truth of what it asserts, it’s hearsay—unless a rule says it’s admissible despite being hearsay. This exclamation is a spontaneous out-of-court remark about who committed the shooting, so it’s hearsay. The best fit here is an excited utterance. The statement was made immediately after a startling event (the shooting) while Derek was still under the emotional influence of that event. The excited utterance exception covers statements made under that stress, about the event, because the excitement tends to reduce the chance that the speaker has crafted the statement with reflective or deliberate falsehoods. Why not present sense impression? Present sense impression covers statements describing or explaining an event as the event is happening or immediately after, but the content here identifies the shooter rather than simply describing the scene as perceived in the moment. The excited utterance framing better captures Derek’s emotional state and spontaneous reaction. So, the statement is hearsay but admissible under the excited utterance exception.

When a statement is made out of court to prove the truth of what it asserts, it’s hearsay—unless a rule says it’s admissible despite being hearsay. This exclamation is a spontaneous out-of-court remark about who committed the shooting, so it’s hearsay.

The best fit here is an excited utterance. The statement was made immediately after a startling event (the shooting) while Derek was still under the emotional influence of that event. The excited utterance exception covers statements made under that stress, about the event, because the excitement tends to reduce the chance that the speaker has crafted the statement with reflective or deliberate falsehoods.

Why not present sense impression? Present sense impression covers statements describing or explaining an event as the event is happening or immediately after, but the content here identifies the shooter rather than simply describing the scene as perceived in the moment. The excited utterance framing better captures Derek’s emotional state and spontaneous reaction.

So, the statement is hearsay but admissible under the excited utterance exception.