Supreme Court of Rhode Island
State v. Stephen Pailin
July 2, 19901990 R.I. LEXIS 133
Summary
The court affirmed the second-degree murder conviction after rejecting challenges to three evidentiary rulings. It held that the victim's statements were admissible as a dying declaration, that the defendant's prior misdemeanor conviction could be used for impeachment after the required balancing, and that the witness's in-court identification was not tainted by an accidental courthouse encounter. No separate opinions were filed.
Holding
- Admissibility of the victim's statements as dying declarations. The victim's statements were properly admitted as dying declarations because the defendant did not challenge the victim's belief that death was imminent or the circumstances supporting that belief, and the statements identifying the assailant were factual rather than conjectural.
- Impeachment with a prior misdemeanor conviction. The trial justice did not abuse his discretion by allowing impeachment with the defendant's prior misdemeanor conviction, even though the offense did not involve dishonesty or false statement.
- Suppression of the in-court identification. The trial justice properly denied suppression because the witness's courthouse encounter with the defendant was an accidental, nonorchestrated encounter and did not taint the witness's independent in-court identification.
Docket 89-335-C.A.
Cited authorities
- Rule 804(b)(2) of the Rhode Island Rules of Evidence
- R.I. R. Evid. 804(b)(2)
- R.I. R. Evid. 609
- R.I. R. Evid. 609
- Rhode Island Rule of Evidence 609
- Rule 609(a) of the Federal Rules of Evidence
- Rule 609(b)
- Rule 609(b)