Commonwealth v. Keys

814 A.2d 1256, 2003 Pa. Super. 5, 2003 Pa. Super. LEXIS 4
CourtSuperior Court of Pennsylvania
DecidedJanuary 7, 2003
StatusPublished
Cited by25 cases

This text of 814 A.2d 1256 (Commonwealth v. Keys) is published on Counsel Stack Legal Research, covering Superior Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Commonwealth v. Keys, 814 A.2d 1256, 2003 Pa. Super. 5, 2003 Pa. Super. LEXIS 4 (Pa. Ct. App. 2003).

Opinions

CAVANAUGH, J.

¶ 1 Appellant Sean Keys (“Keys”), appeals from the order entered on September 12, 2001, denying his writ of certiorari by the Philadelphia Common Pleas Court after he was convicted of making terroristic threats. See 18 Pa.C.S.A. § 2706. We reverse.

¶2 On July 12, 2000, Keys, while at home, reportedly held a three-foot long sword to his wife’s neck, threatening to cut her throat. Keys then was said to have dragged his wife by her hair and prevented her from leaving the home. Keys’ wife, allegedly held overnight against her will, escaped the next day, ran at least eight to ten blocks and contacted the police.

¶ 3 Officer Marcus Dingle arrived and observed that Keys’ wife was visibly upset and angry. In response to the officer’s query, she recounted the incident. The officer noted that her voice and behavior were distraught and erratic. The officer subsequently arrested Keys and recovered the sword from Keys’ bedroom.

¶ 4 A municipal court bench trial took place on May 11, 2001. The wife did not testify at trial and the record does not reflect the reason for her absence. The officer recounted the wife’s statements and described the retrieved sword.

¶ 5 Keys’ trial counsel objected to the officer’s testimony as to what she said, arguing that it was inadmissible hearsay. The trial court overruled the objection, determining that the wife’s statements were admissible as an excited utterance. The trial court found Keys guilty of making terroristic threats and sentenced him to eighteen months of reporting probation. It is undisputed that the hearsay statements were the sole evidence offered against Keys.

¶ 6 On June 11, 2001, Keys filed a petition for a writ of certiorari, challenging his conviction on the basis that the trial court erred in admitting the wife’s hearsay statements. See Pa.R.CRIM.P. 1006(l)(a). The court denied Keys’ petition on September 12, 2001. On September 20, 2001, Keys filed a notice of appeal with this court.

¶ 7 Keys presents the following issues for our consideration:

[I.] Did not the lower court err in denying Mr. Keys’ Writ of Certiorari challenging his conviction in the Municipal Court as the evidence offered was insufficient to establish guilt beyond a reasonable doubt, and, even if sufficient, the only evidence offered against Mr. Keys at his Municipal Court trial was inadmissible hearsay.
[II.] More specifically, was not the sole testimony offered at trial, a police officer’s claim that defendant’s wife had told him that her husband had assaulted her, in the absence of testimony from the [1258]*1258wife herself or any evidence establishing that an assault had taken place, both inadmissible and, even if admissible, insufficient to estabhsh guilt beyond a reasonable doubt?

¶ 8 It is weh-settled that “[a] trial court’s rulings on evidentiary questions ... ’are controlled by the discretion of the trial court and this Court will reverse only for clear abuse of that discretion.” ’ Commonwealth v. Cargo, 498 Pa. 5, 444 A.2d 639, 644 (1982) (quoting Commonwealth v. Scott, 469 Pa. 258, 365 A.2d 140, 146 (1976)). “Discretion is abused when the course pursued represents not merely an error of judgement, but where the judgement is manifestly unreasonable or where the law is not apphed or where the record shows that the action is a result of partiality, prejudice, bias or ill will.” Coker v. S.M. Flickinger Co., 533 Pa. 441, 625 A.2d 1181, 1185 (1993) (citation omitted).

¶ 9 Our supreme court has consistently defined “excited utterance” as:

[A] spontaneous declaration by a person whose mind has been suddenly made subject to an overpowering emotion caused by some unexpected and shocking occurrence, which that person has just participated in or closely witnessed, and made in reference to some phase of that occurrence which he perceived, and this declaration must be made so near the occurrence both in time and place as to exclude the likelihood of its having emanated in whole or in part- from his reflective faculties.

Allen v. Mack, 345 Pa. 407, 28 A.2d 783, 784 (1942); accord Commonwealth v. Stallworth, 566 Pa. 349, 781 A.2d 110, 119-20 (2001); Pa.R.E. 803(2); see also Commonwealth v. Zukauskas, 501 Pa. 500, 462 A.2d 236, 237 (1983) (describing an excited utterance as “the event speaking and not the speaker.”). In determining whether a statement is an excited utterance, we have considered the following:

1) whether the declarant, in fact, witnessed the startling event; 2) the time that elapsed between the startling event and the declaration; 3) whether the statement was in narrative form (inadmissible); and, 4) whether the declarant spoke to others before making the statement, or had the opportunity to do so. Commonwealth v. Blackwell, 343 Pa.Super. 201, 211, 494 A.2d 426, 431 (1985). (Citations omitted) These considerations provide the guarantees of trustworthiness which permit the admission of a hearsay statement under the excited utterance exception. “It is important to note that none of these factors, except the requirement that the declarant have witnessed the startling event, is in itself dispositive. Rather, the factors are to be considered in all the surrounding circumstances to determine whether a statement is an excited utterance.” Id. See also, [Idaho v. Wright, 497 U.S. 805, 820-21, 110 S.Ct. 3139, 111 L.Ed.2d 638 (1990)] (particularized guarantees of trustworthiness must be shown from the totality of the circumstances.)

Commonwealth v. Sanford, 397 Pa.Super. 581, 580 A.2d 784, 788 (1990) (alternation in original) (emphasis supplied).

[T]he crucial question, regardless of the time lapse, is whether, at the time the statement is made, the nervous excitement continues to dominate while the reflective processes remain in abeyance.

Commonwealth v. Carmody, 799 A.2d 143, 147 (Pa.Super.2002) (quoting Commonwealth v. Gore, 262 Pa.Super. 540, 396 A.2d 1302, 1305 (1978)).

¶ 10 Upon consideration of the aforementioned factors in light of the surrounding circumstances, we find that the statements of Keys’ wife do not qualify as [1259]*1259an excited utterance and the trial court abused its discretion by ruling otherwise. First, thirty minutes elapsed between the end of the startling event and the statements of Keys’ wife. Second, the statement was elicited eight to ten blocks away from the scene of the startling event. Third, the utterance was in response to the officer’s query.1

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Cite This Page — Counsel Stack

Bluebook (online)
814 A.2d 1256, 2003 Pa. Super. 5, 2003 Pa. Super. LEXIS 4, Counsel Stack Legal Research, https://law.counselstack.com/opinion/commonwealth-v-keys-pasuperct-2003.