STATE v. CAGLEY

No. 00-0927.

638 N.W.2d 678 (2001)

STATE of Iowa, Appellant, v. Wesley Clyde CAGLEY, Appellee.

Supreme Court of Iowa.

As Revised on Denial of Rehearing January 9, 2002.


Attorney(s) appearing for the Case

Thomas J. Miller, Attorney General, Cristen C. Odell and Laura Roan, Assistant Attorneys General, and Marilyn Dettmer, County Attorney, for appellant.

Linda Del Gallo, State Appellate Defender, and Shellie L. Knipfer, Assistant State Appellate Defender, for appellee.


LARSON, Justice.

We granted the State's application for discretionary review challenging the district court's order refusing to admit hearsay evidence under the excited-utterance and residual-hearsay exceptions. We conclude the State has failed to carry its burden of establishing a factual basis for the application of the exceptions and therefore affirm and remand for further proceedings.

This case arises out of domestic-abuse assault and sexual-abuse charges...

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