Peterson v. State, 349 Ark. 195

Summary

The Supreme Court of Arkansas affirmed J.M. Peterson's capital-murder conviction and sentence of life imprisonment without parole. The court held that testimony concerning the victim's statements about an earlier assault and kidnapping was properly admitted under the excited-utterance exception to the hearsay rule.

Holdings

1. The statements qualified as excited utterances because they related to a startling event and were made while Lisa Peterson remained under the stress of excitement caused by that event.
2. The trial court did not abuse its discretion by admitting Wilfong's testimony under Rule 803(2).

Questions Presented

1. Whether the trial court abused its discretion by admitting Gena Wilfong's testimony about statements Lisa Peterson made concerning the alleged battery, kidnapping, and threats under the excited-utterance exception to the hearsay rule.

Disposition

affirmed