Page:United States Reports 502 OCT. TERM 1991.pdf/508

 502us2$25H 01-22-99 08:28:07 PAGES OPINPGT

350

WHITE v. ILLINOIS Opinion of the Court

summary of S. G.’s statement indicated that she had offered essentially the same story as she had first reported to DeVore and to Grigsby, including a statement that petitioner had “used his tongue on her in her private parts.” Id., at 110–112. After Lewis concluded his investigation, and approximately four hours after DeVore first heard S. G.’s scream, S. G. was taken to the hospital. She was examined first by Cheryl Reents, an emergency room nurse, and then by Dr. Michael Meinzen. Each testified at trial, and their testimony indicated that, in response to questioning, S. G. again provided an account of events that was essentially identical to the one she had given to DeVore, Grigsby, and Lewis. S. G. never testified at petitioner’s trial. The State attempted on two occasions to call her as a witness, but she apparently experienced emotional difficulty on being brought to the courtroom and in each instance left without testifying. App. 14. The defense made no attempt to call S. G. as a witness, and the trial court neither made, nor was asked to make, a finding that S. G. was unavailable to testify. 6 Tr. 105–106. Petitioner objected on hearsay grounds to DeVore, Grigsby, Lewis, Reents, and Meinzen being permitted to testify regarding S. G.’s statements describing the assault. The trial court overruled each objection. With respect to DeVore, Grigsby, and Lewis the trial court concluded that the testimony could be permitted pursuant to an Illinois hearsay exception for spontaneous declarations.1 Petitioner’s objections to Reents’ and Meinzen’s testimony was similarly overruled, based on both the spontaneous declaration exception and an exception for statements made in the 1 The spontaneous declaration exception applies to “[a] statement relating to a startling event or condition made while the declarant was under the stress of excitement caused by the event or condition.” 198 Ill. App. 3d 641, 648, 555 N. E. 2d 1241, 1246 (1990).