State v. Sykes
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The Supreme Judicial Court affirmed Defendant's conviction of domestic violence assault, holding that the trial court did not err in admitting into evidence a recording of a 911 call by the alleged victim of the domestic violence assault for emergency assistance even where the victim did not testify at trial.
The trial court concluded that the victim's recorded statements fell within the excited utterance exception to the hearsay rule and that the statements were nontestimonial. The Supreme Judicial Court affirmed, holding that the trial court did not err in determining that the victim's statements on the recording were both excited utterances and nontestimonial and thus not subject to exclusion by the Confrontation Clause.
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