California, United States of America
The following excerpt is from People v. McKinney, G038213 (Cal. App. 5/13/2008), G038213 (Cal. App. 2008):
Furthermore, "`[n]either lapse of time between the event and the declarations nor the fact that the declarations were elicited by questioning deprives the statements of spontaneity if it nevertheless appears that they were made under the stress of excitement and while the reflective powers were still in abeyance.' [Citation.]" (People v. Ledesma (2006) 39 Cal.4th 641, 709 [murder victim's statements to officer investigating previous robbery occurring 15 minutes before interview properly admitted as spontaneous statements; "court's conclusion that [victim] was under the stress of the event at the time he made the statements is supported by the brief lapse of time . . ., by [the police officer's] statement that he seemed nervous, and by [his employer's] statement that he sounded scared"].) Stoltenberg found Warren lying on the ground in a fetal position with a swollen face and bleeding from a head wound. A subsequent medical examination determined that he had suffered fractures to both his left eyeball socket and upper jaw, plus bleeding on the right side of his brain which required that he be placed on a ventilator to stay alive.
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