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Zuliani v. State

Although the time frame between the event and the statement was twenty hours, the record supports the trial court's ruling that the statement was admissible as an excited utterance.

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In this case, we determine whether the Court of Appeals applied the proper factual sufficiency standard concerning the jury’s rejection of self-defense, and whether a statement made twenty hours after an altercation, made in response to a question, and made after the declarant appeared to be thinking about her answer was an excited utterance. We believe that the hearsay statement is an excited utterance but, because the Court of Appeals did not apply the correct factual sufficiency standard, we will reverse. *fn1

FACTS

On February 2, 1999, the appellant and Patti Dwinell had an argument that escalated into a physical confrontation. The appellant pushed Dwinell backwards, which caused her to fall, hit her head on a bookcase and cut her scalp. It is this conduct that eventually led to the appellant’s conviction for assault. The events preceding the injury, however, are in dispute because Dwinell has told two different versions of what happened that night.

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