State of Iowa
v.
Barry Bruce Evans
Appellee
State of Iowa
Appellant
Barry Bruce Evans
Attorney for the Appellee
Olivia D. Brooks, Assistant Attorney General
Attorney for the Appellant
Jeffrey L. Powell
Court of Appeals
Court of Appeals Opinion
Opinion Number:
22-0333
Date Published:
Sep 27, 2023
Summary
Appeal from the Iowa District Court for Tama County, Fae E. Hoover, Judge. AFFIRMED. Considered by Greer, P.J., and Schumacher and Badding, JJ. Opinion by Greer, P.J. (10 pages)
Barry Evans appeals the admission of body camera footage as hearsay not subject to the present sense impression exception. OPINION HOLDS: Although the statements were hearsay and do not qualify for admission as present sense impressions, they do fit within the excited utterance exception to the rule against hearsay, and, in any event, were cumulative. Therefore, the district court did not err in admitting them. We affirm.
