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Monday, June 25, 2007

State v. Ryan Buda

12-20-06 A-4778-04T4

An excited utterance made by a child abuse victim to a DYFS
worker at a hospital, although admissible under state evidence
law, is inadmissible in this case as a result of evolving
federal constitutional jurisprudence under Crawford v.
Washington, 541 U.S. 36, 124 S. Ct. 1354, 158 L. Ed. 2d 177
(2004), and Davis v. Washington,__ U.S. __, 126 S. Ct. 2266, 165
L. Ed. 2d 224 (2006). There is a concurring opinion.