Ex Parte R.D.W. [Fn1] (Re: R.D.W. v. State).

Summary

The court held that the defendant preserved his challenge to the refusal to give a requested jury instruction because his objection, considered with the written request, adequately identified the omitted instruction and the asserted error. It further held that the statutory instruction concerning the lack of cross-examination must be given whenever a child's out-of-court statements are admitted, even if the child testifies at trial. Because the instruction was not substantially covered and its omission probably injuriously affected the defendant's substantial rights, the court reversed and remanded.