Supreme Court of Rhode Island
State v. Nakeda Brown.
December 15, 20102010 R.I. LEXIS 120
Summary
The Rhode Island Supreme Court affirmed the defendant’s convictions, holding that the trial judge did not err in admitting evidence of the defendant’s prior abusive conduct, the rescue technician’s testimony under the medical‑diagnosis hearsay exception, or the transcript with “inaudible” designations, and that the defendant failed to preserve the Rule 404(b) issue for appeal.
Holding
- Whether the trial judge erred in admitting evidence of the defendant’s prior abusive conduct under Rule 404(b) and whether the issue was preserved for appeal. The issue was waived because the defendant failed to object when the prior‑act evidence was first presented, and therefore the trial judge’s admission was not reversible.
- Whether the rescue technician’s testimony about the victim’s statement was admissible under Rule 803(4) medical‑diagnosis exception. The trial judge did not abuse his discretion; the statement was admissible under the medical‑diagnosis exception.
- Whether the use of a transcript containing “inaudible” designations on recross‑examination was an abuse of discretion. The trial judge did not abuse his discretion; the transcript was provided as context for the recordings and the jury was instructed that the recordings were the best evidence.
Docket 2008-326-C.A.
Cited authorities
- Rule 803(4) of the Rhode Island Rules of Evidence
- Rule 404(b) of the Rhode Island Rules of Evidence
- Rule 404(b)
- Rule 404(b)
- Rule 404(b)
- Rule 404(b)
- Rule 803(4)
- Rule 803(4)