Defendant was accused of interrupting a criminal trial by shaking his head at a witness and making a gun with his fingers while mouthing unintelligible words at the witness, to the point where the witness started telling defendant to stop. ...

Tagged with: evidence

A nurse testified that the erythema, or redness, she found in the inner aspect of the victim’s labia was consistent with touching but that it could also be consistent with “a multitude of things.” We fail to see how this ...

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We reverse for the reasons stated in Chief Judge McGee’s dissent (Defendant’s evidence regarding the events immediately before the victim drowned was contradictory to the state’s evidence on the same point; therefore, it should not be considered in ruling on ...

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Without providing notice of an insanity or diminished capacity defense, defendant – himself – sought to testify about his Attention Deficit Disorder, Attention Deficit Hyperactivity Disorder, Pediatric Bipolar Disorder, and Oppositional Defiant Disorder. The trial court properly found that such ...

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Where defendant’s challenge to the process used by state expert chemist Lillian Ngong is based on documents, data and theories that were neither presented to the trial court nor included in the record on appeal, we may not consider this ...

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Defendant’s toddler daughter, “Rose,” told several people, “Daddy put his wiener on my coochie”; evidence of the child’s statement supported defendant’s conviction of rape of a child. Defendant’s own statement – which denied the rape accusation – was the only ...

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Although defendant argues that the victim’s father engaged in a “pattern of abusive and prejudicial behavior” during defendant’s trial, the record demonstrates that the trial judge took immediate measures to address the father’s behavior and ordered him to answer questions ...

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In a private condemnation action, the condemnor was improperly allowed to cross-examine the landowner about the sale of property that was not shown to be comparable to the land being condemned and then to impeach the landowner about the similarity ...

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Even if defendant had shown that the trial court erred in excluding a tardily produced batch of illustrative photographs, she has not shown prejudice. She argues that “the striking effect of the exhibit could not be replicated in testimony alone,” ...

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Holding: We reverse in part for the reasons stated in Judge Dillon’s dissent (A defendant who objects during a forecast of evidence outside the presence of the jury does not preserve the objection unless he objects when the testimony is ...

Tagged with: evidence