Supreme Judicial Court of Maine
State of Maine v. Robert C. True Iii
December 17, 19811981 Me. LEXIS 1041
Summary
The court vacated the conviction on Count I because unpreserved hearsay repeating Lona’s accusation was inadmissible and its prejudicial effect amounted to obvious error affecting substantial rights. It affirmed the convictions on Counts II and III, concluding that Alexena’s earlier statements were admissible to rebut a charge of recent fabrication and that the evidence was sufficient. The court also directed correction of the clerical error identifying Count II’s statutory subsection.
Holding
- Admission of hearsay repeating Lona’s accusation and the unpreserved error’s effect on Count I. The testimony repeating the details of Lona’s complaint was inadmissible: it did not qualify as an excited utterance, a prior consistent statement rebutting the alleged motive to fabricate, or, as to the perpetrator’s identity and the scene, a statement for medical diagnosis or treatment. Although the objections were not preserved, admitting the hearsay was obvious error affecting substantial rights and required vacating the conviction on Count I.
- Admission of Alexena’s earlier statements as prior consistent statements. Perry’s and Reinnert’s testimony about Alexena’s February 1979 reports was admissible under Rule 801(d)(1) to rebut the implied charge that Alexena fabricated her account under her sisters’ influence before speaking with authorities in June 1980.
- Failure to give a limiting instruction concerning Alexena’s prior statements. The failure to give a limiting instruction on the court’s own initiative was not obvious error affecting substantial rights because the defendant did not request one.
- Sufficiency of the evidence supporting the convictions on Counts II and III. The evidence was sufficient to support the convictions on Counts II and III. In particular, the jury could rationally find from Ruth’s testimony that the defendant’s physical actions overcame her resistance and compelled her to submit.
Cited authorities
- Rule 103(d)
- Rule 103(d)
- Rule 801(d)(1)
- Fed. R. Crim. P. 52(b)
- Fed. R. Crim. P. 52
- Fed. R. Crim. P. 52(b)