Medina v. State

131 P.3d 15, 2006 WL 799180
CourtNevada Supreme Court
DecidedMarch 30, 2006
Docket43469
StatusPublished
Cited by1 cases

This text of 131 P.3d 15 (Medina v. State) is published on Counsel Stack Legal Research, covering Nevada Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Medina v. State, 131 P.3d 15, 2006 WL 799180 (Neb. 2006).

Opinion

131 P.3d 15 (2006)

Albert MEDINA, Appellant,
v.
The STATE of Nevada, Respondent.

No. 43469.

Supreme Court of Nevada.

March 30, 2006.

*17 Philip J. Kohn, Public Defender, and Jeffrey M. Banks, Howard S. Brooks, Scott L. Coffee, and Gary H. Lieberman, Deputy Public Defenders, Clark County, for Appellant.

George Chanos, Attorney General, Carson City; David J. Roger, District Attorney, and Eric G. Jorgensen and James Tufteland, Chief Deputy District Attorneys, Clark County, for Respondent.

Before MAUPIN, GIBBONS and HARDESTY, JJ.

OPINION

HARDESTY, J.

In this appeal, we consider whether an out-of-court statement made by a rape victim a day after the startling event falls within the excited utterance exception to the hearsay rule. Even though the statement was made a day after the rape, we conclude that the mental and physical condition of the victim, coupled with the fact that she remained under the stress of excitement caused by the rape, brings her statement within the excited utterance exception to the hearsay rule.

FACTS

Appellant Albert Medina was staying with a friend in a Las Vegas apartment. The victim in this case, Francine Ryer, lived in the same apartment complex. In May 2002, Ryer and Medina had a conversation about poetry. Ryer told Medina she had a book of poetry at her apartment and the two went to Ryer's apartment so Ryer could share her poetry with him.

Ryer and Medina had different versions of what transpired in Ryer's apartment. Ryer alleged Medina raped her; whereas Medina argued the encounter was consensual. Ryer passed away before Medina's criminal trial began. Consequently, the State had to rely on physical evidence and witnesses who testified to statements Ryer allegedly made.

The focus of this appeal concerns the testimony of Ryer's neighbor, Dorothy Golden. The day after the rape occurred, Golden noticed something unusual; Ryer's porch light was on all day. When Golden couldn't reach Ryer by telephone, she went to Ryer's apartment, knocked on the front door and yelled for Ryer to come out.

After a few knocks, Ryer answered the door in her bra and blood-soaked underwear. Golden testified that when Ryer opened the door, Ryer stated, "Look at me. Look at me. I've been raped." Golden stated that Ryer "had on a bra and panties, and her panties were drenched in blood. And she had cuts on her thighs, and her hair was all over her head. And she just looked like a ghost. She just looked horrified." Golden further testified that Ryer was crying, appeared pale and shaken, and that she had bruises on her arms and throat.

Medina objected to the prosecution's use of this testimony in pretrial motions. The district court allowed the prosecution to introduce Ryer's statement to Golden that she had been raped under the excited utterance exception to the hearsay rule.

In addition to Golden's testimony, the prosecution presented testimony of Marian Adams. Adams is a Sexual Assault Nurse Examiner (SANE nurse) for the University Medical Center. SANE nurses are funded *18 by the State of Nevada Department of Social Services and are trained to conduct sexual assault examinations. A particular duty of a SANE nurse is to gather evidence for possible criminal prosecution in cases of alleged sexual assault. SANE nurses do not provide medical treatment. They only examine the individual to get vital signs and a history from the victim.

During Adams' testimony, the prosecution asked her to state what Ryer had told her about the rape. Medina objected to the testimony as violating his right to confront and cross-examine the witness against him, but the district court overruled the objection and allowed the testimony.

The jury found Medina guilty of five counts of sexual assault of a victim 65 years or older, one count of first-degree kidnapping of a victim 65 years or older, and one count of failure to change address by a convicted sex offender.

DISCUSSION

Medina argues that the district court erroneously admitted portions of Golden's and Adams' testimony. Medina contends that when this evidence is stricken, there is insufficient evidence to support his conviction for sexual assault. We disagree.

First, Ryer's statement to Golden that she was raped is admissible as an excited utterance because the statement was made while under the excitement of the rape. Second, Golden's testimony did not violate the Confrontation Clause because the statement was not testimonial.[1] Adams' testimony, however, is testimonial because the circumstances under which Ryer made the statements to Adams would lead an objective witness to reasonably believe that the statements would be available for use at a later trial. Nevertheless, we conclude that the admission of Adams' testimony was harmless beyond a reasonable doubt.[2] Accordingly, we affirm Medina's conviction.

Ryer's statement to Golden that she was raped qualifies as an excited utterance

Medina argues that the district court abused its discretion when it admitted statements made by Ryer to Golden pursuant to the excited utterance exception found in NRS 51.095. Medina contends that Ryer had sufficient time to reflect on the alleged rape and, thus, her statement to Golden did not qualify as an excited utterance.

A trial court's decision to admit evidence will not be reversed on appeal unless it is manifestly erroneous.[3] As a general rule, hearsay statements are inadmissible.[4] A statement is hearsay if it is "offered in evidence to prove the truth of the matter asserted."[5] Hearsay is inadmissible unless it falls within one of the exceptions to the general rule.[6] One such exception is an excited utterance.[7] An excited utterance is "[a] statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition."[8]

We take this opportunity to clarify our jurisprudence concerning the excited utterance exception. In Browne v. State, we concluded that the district court erred when it admitted statements made by the victim pursuant to the excited utterance exception.[9] This court stated that the victim was upset, excited and frightened when she told her father she was afraid her husband was going to kill her.[10] However, the Browne court found that the statements were not excited *19 utterances because the record did not indicate when the event that caused the victim's fear occurred.[11] The court explained that "as timing is often the determining factor for an excited utterance, these statements cannot fall into this exception."[12]

We now clarify Browne to the extent it suggests that time alone governs the excited utterance analysis. The proper focus of the excited utterance inquiry is whether the declarant made the statement while under the stress of the startling event. The elapsed time between the event and the statement is a factor to be considered but only to aid in determining whether the declarant was under the stress of the startling event when he or she made the statement.

NRS 51.095 does not limit the statute's application to those statements made shortly after a startling event.

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Cite This Page — Counsel Stack

Bluebook (online)
131 P.3d 15, 2006 WL 799180, Counsel Stack Legal Research, https://law.counselstack.com/opinion/medina-v-state-nev-2006.