Mr. Mosser filed a PCRA petition alleging newly discovered evidence in the form of a witness statement. This witness relayed what another witness had said about the shooting at issue, but this person had died by the time the statement was relayed to the defense. The PCRA court dismissed the petition, reasoning that the statement from the deceased was hearsay. Mr. Mosser argued on appeal that the statement at issue was an excited utterance, which is an exception to the hearsay rule. The Superior Court agreed and remanded the case for an evidentiary hearing to determine whether the circumstances of the statement met the requirements for the evidentiary exception. After litigating the hearing in the PCRA court, the PCRA petition was granted.
