State v. Rivera

Summary

The court affirmed the defendant’s convictions, holding that the trial court properly admitted a DVD containing an electronic copy of an audio recording after the state made a prima facie showing of authenticity and established that the original recording was unavailable without bad faith. The court also held that any error in restricting defense counsel’s closing argument concerning an eyewitness’s lack of an in-court identification was harmless because the state had stipulated to the eyewitness’s failure to identify the defendant and presented substantial corroborating evidence. The court did not decide whether the closing argument was properly excluded in the first instance.