If the declarant is believed to have had time to reflect on the situation before making the statement, the statement would not be spontaneous and thus not an excited utterance.
22.
For all the reader knows, the declarant of the statement could be Asian, but for example Chinese, in which case the premise would be true but the conclusion false.
23.
However, under certain circumstances, it is possible for days to have passed before the declarant fully reflects on the event, and " unstills " his or her reflective powers.
24.
They reasoned that out-of-court statements can be admissible if they bear an adequate indicia of reliability, even if the declarant is not available to testify in court.
25.
"( B ) consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive ."
26.
"( B ) consistent with the declarant's testimony and is offered to rebut an express or implied charge against the declarant of recent fabrication or improper influence or motive ."
27.
For all the reader knows, the declarant of the statement very well could be in both the city and their home, in which case the premises would be true but the conclusion false.
28.
For all the reader knows, the declarant of the statement very well could neither be at home nor in the city, in which case the premise would be true but the conclusion false.
29.
An excited utterance does not have to be made at time of the startling event, but must be made while the declarant is still in a state of surprise or shock from the incident.
30.
It was alleged in this case that in 1989 the founders of POACRE illegally co-opted the powers of the developer ( Chesapeake Ranch Club, Inc . ) as declarant of the covenants.
