State v. Strauss
In State v. Strauss, 119 Wn.2d 401, 416, 832 P.2d 78 (1992), the trial court determined that a statement made by a 12-year-old boy to a police officer 30 to 40 minutes after the startling event was an excited utterance.
The Court of Appeals reversed the trial court, concluding that the boy's statement was not admissible.
In doing so, though, it failed to adhere to the traditional and deferential abuse of discretion standard.
The Court of Appeals decided, instead, that "the trial court . . . is in no better position than we are to evaluate the circumstances surrounding M.J.'s utterance." Sharp, 80 Wn. App. at 461.