State v. McLaughlin, 246 N.C. App. 306 (2016)

No Error
  • Statements the 15 year old child made to his mother were admissible as excited utterances. Although there was a 10 day lapse between the last incident of sexual abuse (which occurred in Florida) and the disclosure to his mother (which was made in North Carolina), the statements were made immediately upon the child’s return home. There was sufficient evidence to establish that the teen was under the stress of the event (he was frantic and shaking and saying she needed to call the police). Although the excited utterance delay typically involves young children where spontaneity and stress, not time, are the crucial factors, this 15-year old was still a minor, and his minority should be considered.
Criminal Cases with Application to Child Welfare
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