State of Utah, in the interest of B.H., V.H., D.H., and A.H.Annotate this Case
State of Utah, in the interest
of B.H., V.H., D.H., and A.H., persons under eighteen years of age.
State of Utah,
(Not For Official Publication)
Case No. 20001099-CA
F I L E D
May 10, 2001 2001 UT App 152 -----
Third District Juvenile,
Salt Lake Department
The Honorable Olof A. Johansson
Kevin C. Sullivan, Salt Lake City, for Appellant
Mark L. Shurtleff, Carol L. Verdoia, and John Peterson, Salt Lake City, for Appellee
Martha Pierce, Salt Lake City, Guardian Ad Litem
Before Judges Greenwood, Billings, and Orme.
V.H. appeals a December 13, 2000 adjudication order in which the trial court determined that he abused and neglected his children. The State and the Guardian Ad Litem agree that the appeal is well-taken and concede that the trial court erred when it admitted the police officer's hearsay version of the mother's statements under the "excited utterance" exception to the hearsay rule. See Utah R. Evid. 803(2).
Accordingly, we reverse the
October 13, 2000 order of the juvenile court and remand the case for a
new trial and/or such further proceedings as may now be proper.
Pamela T. Greenwood,
Judith M. Billings, Judge
Gregory K. Orme, Judge