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Tag Archives: Hearsay

Criminal Practice – Evidence – Hearsay – Business Records Exception – Foundation – NPLEx – Plea Rejection – Continuance Right – Waiver – Destruction of Evidence (access required)

State v. Hicks (Lawyers Weekly No. 15-07-0978, 24 pp.) (John Tyson, J.) Appealed from Avery County Superior Court (Gary Gavenus, J.) N.C. App. Holding: Where a police officer thoroughly demonstrated his understanding of the NPLEx database (a federal public registry ...

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Criminal Practice – Home Invasion – Evidence – Hearsay – Anonymous 911 Call – Defendant’s Involvement (access required)

State v. Sharpless Defendant had a crime scene technician testify that he collected clothing from where defendant was located, consisting of a black shirt and black hoodie, while the police’s “be on the lookout” description was for a red hoodie or sweater. The state contends that, by creating the impression that the police had not developed or received any information leading them to view defendant as a suspect, defendant opened the door to admission of the substance of an anonymous 911 call, i.e., that defendant was involved in the crime. While defendant may have opened the door to the admission of further evidence regarding his potential involvement in the robbery, defendant did not open the door to the admission of such hearsay.

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Criminal – Supervised Release Hearing — Evidence – Hearsay – Crime Lab Report – Chemist’s Failure to Appear (access required)

U.S. v. Doswell A district court that admitted and relied on hearsay evidence of defendant’s state-court heroin charge, nolle prossed after the chemist who authored the crime lab report failed to appear in state court, violated Rule 32.1, and the 4th Circuit vacates the district court order revoking defendant’s supervised release for an earlier robbery conviction.

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Criminal Practice – Sexual Offense – Attempt – Evidence – Hearsay — Satellite-Based Monitoring (access required)

State v. Carter Where the complainant said on at least one occasion that defendant’s penis penetrated her anus, and where a sexual assault nurse examiner testified that the complainant’s anal fissure could have resulted from trauma to the anal area, there was sufficient evidence to support a finding of anal penetration. We find no error as to defendant’s conviction of first-degree sexual offense in file number 08 CrS 57285. However, the trial court’s order of lifetime satellite-based monitoring (SBM) in that case is vacated, and the case is remanded for further proceedings. Defendant is entitled to a new trial on the charge of first-degree sexual offense in file number 08CrS 57286.

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