Culp v. State

Summary

The Supreme Court of Delaware held that statements made by Catherine Culp during a 911 call qualified as excited utterances under Delaware Rule of Evidence 803(2). The trial court's exclusion of the statements, which supported Culp's claim that the shooting was accidental and helped rebut challenges to her credibility, was reversible error. The judgment was reversed and the case was remanded for further proceedings, including a new trial.

Holdings

1. The statements on the 911 tape qualified as excited utterances under Delaware Rule of Evidence 803(2) because they were precipitated by a startling event, were made while Culp remained under the stress of excitement caused by that event, and related to the shooting.
2. The exclusion of the 911 tape was reversible error and was not harmless because the evidence was critical corroborative evidence for the defense and could have affected the jury's assessment of Culp's credibility and claim of accident.

Questions Presented

1. Whether Culp's statements on the 911 tape qualified as excited utterances under Delaware Rule of Evidence 803(2).
2. Whether the exclusion of the 911 tape was reversible rather than harmless error.

Disposition

reversed_and_remanded