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There has been a recent Utah Court of Appeal case by the name of State v. McNeil. Some of the facts include;
McNeil told Quentin about the falling out, and Quentin began following Allen home from work. About a month later, Allen was returning to his residence when he noticed but did not recognize Quentin in the parking lot. As Allen opened his apartment door, Quentin approached and asked to use Allen’s phone. He then shoved Allen into the apartment and shut the door. Quentin attacked Allen with a knife and with his hands. He broke Allen’s nose and knocked out eight teeth. In the course of the attack, Quentin claimed that Allen’s daughter and Allen’s daughter’s husband owed him a $10,000 drug debt and demanded the money. When Allen denied having any money in the apartment, Quentin stated, “I know you don’t trust banks.” Quentin then ransacked a jewelry box belonging to Allen’s girlfriend.
State v. McNeil, 2013 UT App 134
A lot of the issues that were involved in the appeal included statements involving the hearsay rule. There was testimony from an officer at an earlier hearing for which the court stated there was an opportunity by opposing counsel to cross examine him and therefore not hearsay. After argument by the judge and opposing counsel the judge made this statement:
“This is not hearsay. It’s a sworn statement under oath recorded, subject to cross examination. If the statement did contain hearsay, we would obviously redact that. Both sides at this time are stipulating that in fact it doesn’t. [Defense counsel] is objecting on different terms than hearsay terms; therefore we will say [the parties] are stipulating to the fact that it’s not hearsay.”
After the availability of cross examination it was determined to not be hearsay. This is one example of the hearsay rule as used at trial. The criminal defense lawyers at Arnold, Wadsworth & Coggins can help you with your criminal defense needs. Call today for a free consultation.
