Supreme Court of New Jersey

State of New Jersey, Plaintiff-Respondent v. Alexander Branch, Defendant-Appellant

February 1, 2005182 N.J. 338

Summary

The Court reversed the Appellate Division and remanded for a new trial, holding that the detective’s testimony that he developed a suspect “based on information received” was inadmissible hearsay violating the defendant’s confrontation rights, and that the child’s out‑of‑court statement did not satisfy the excited‑utterance exception. The decision rests on New Jersey evidentiary law and the Confrontation Clause.

Holding

  • Whether the detective’s testimony that he developed a suspect based on information received from an unidentified source is admissible under the hearsay rule and the Confrontation Clause.. The testimony is inadmissible hearsay that violates the defendant’s right of confrontation and must be excluded.
  • Whether the child’s out‑of‑court statement to the detective qualifies as an excited utterance under N.J.R.E. 803(c)(2).. The statement is not an excited utterance because the child had an opportunity to deliberate before speaking to the detective.

Cited authorities

  • Rule 63(4)
  • R. 63(4)(b)
  • 85 Cal. L. Rev. 159

Cited by

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