Anthony Ray Terry v. State of Arkansas (Arkansas 1992)

Summary

The court affirmed the convictions for two counts of rape, holding that the VA medical record was properly admitted under the business-records exception because the custodial and nursing testimony established the required foundation and trustworthiness. The court declined to consider the Rule 613(b) argument because it was not specifically preserved and rejected the Rule 403 argument because the appellant obtained no ruling on it below. No separate opinions were issued.

Holding

Admission of the VA medical-history record under the business-records exception. The record was properly admitted because testimony from the records custodian and an experienced nursing employee established that it was maintained in the regular course of hospital business, that the information was recorded during the patient interview, and that neither the record's preparation nor its source indicated a lack of trustworthiness.

Admission of the record as extrinsic evidence of a prior inconsistent statement under Rule 613(b). The court did not reach the merits because the appellant failed to make the specific objection that he was not given an opportunity to explain or deny the prior inconsistent statement.

Exclusion of the record under Rule 403. The court did not review the prejudice argument because the appellant failed to obtain a ruling from the trial court on the Rule 403 objection.

Anthony Ray Terry v. State of Arkansas

Summary

Holding

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