United States v. Arnold
United States Court of Appeals for the Sixth Circuit
486 F.3d 177 (2007)
During a hysterical 911 call, Gordon reported that Arnold (defendant) had threatened her with a gun, and remained visibly shaken when officers arrived shortly after, describing the gun in detail; when Arnold arrived at the scene minutes later, Gordon again became distraught, pointed at him, and said he had a gun, leading to a search that recovered a matching handgun. Gordon did not testify at trial, and the court admitted her 911 call and scene statements as excited utterances under FRE 803(2), leading to Arnold's conviction and appeal.
Whether a hearsay statement relating to a startling event or condition, made while the declarant is under the stress of the excitement, is admissible under FRE 803(2).