United States v. Clifford, No. 14-2718 (8th Cir. 2015)
Annotate this CaseThe victim was diagnosed with a skull fracture and a subdural hematoma, a type of traumatic brain injury after being found unconscious at a drinking party at which William Clifford, King Martinez, and four others were present. Clifford was charged with assault with a dangerous weapon and assault resulting in serious bodily injury, 18 U.S.C. 113(a)(3), (6), 1153, and 2. In addition to the victim’s testimony, the district court admitted an out-of-court statement by the victim's three-year-old son that "Will and King hurt mama." Clifford objected to this evidence based on the Confrontation Clause. A jury convicted Clifford of simple assault and assault resulting in serious bodily injury. The Eighth Circuit affirmed. The record showed an informal, spontaneous conversation between a very young child and a private individual to determine how the victim had just been injured, not a statement intended as testimony. The statement was also properly admitted under the hearsay exception for an excited utterance.
Court Description: Murphy, Author, with Riley, Chief Judge, and Bright, Circuit Judge] Criminal case - Criminal law. The victim's three-year-old son's statement made immediately after defendant's assault on the victim was properly admitted under the hearsay exception for an excited utterance; the child was under great stress from witnessing the assault on his mother and his answer to a bystander's question was directly related to the assault that had startled him.
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