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Rhode Island Supreme Court Holds Temporal Requirement of ‘Recent Fabrication’ Exception to Hearsay Rule Not Satisfied and Scribbled Note Made by Child Victim of Sexual Abuse Years After Alleged Events Not ‘Excited Utterance’
Loaded on Oct. 1, 2024
by Matthew Clarke
published in Criminal Legal News
October, 2024, page 44
Filed under:
Sexual Abuse of a Minor,
Sexual Abuse - Aggravated,
Fabrication of Evidence,
Sexual Abuse/Harrassment/Exploitation,
Hearsay Evidence.
Location:
Rhode Island.
by Matthew Thomas Clarke
The Supreme Court of Rhode Island held that an alleged victim’s handwritten letter to her mother and a scribbled note made at the police department were inadmissible hearsay and that their admission was not harmless. It reversed five child molestation related convictions and remanded for a ...
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More from this issue:
- The Rise of Mass Supervision: From Rehabilitative Alternative to Shadow Carceral State, by Casey Bastian
- California Court of Appeal Announces Crime Defendant ‘Was Convicted’ of, Not Crime ‘Could Have Been Convicted’ of Today, Governs Eligibility for Removal From Sex Offender Registry, by Douglas Ankney
- Ohio Supreme Court Announces Self-Defense Jury Instruction Does Not Require Intent to Harm or Kill Assailant, by David Reutter
- Georgia Supreme Court Grants Habeas Where Defense Counsel Failed to Understand State Self-Defense Statute Provides Complete Defense to Felony Murder Based on Felon-in-Possession Charge, by Anthony Accurso
- Fifth Circuit Announces Geofence Warrants Are Unconstitutional ‘Modern-Day General Warrants’, by Sam Rutherford
- Federal Judges Closing Loophole That Permits Government to Conduct Warrantless Searches of Cellphones at Border, by Douglas Ankney
- Texas Court of Criminal Appeals: Trial Court Violated Defendant’s ‘Due Process’ Right to Be Present During Zoom Probation Revocation Hearing by Muting Him, by Sam Rutherford
- Kansas Supreme Court Announces Complete and Wrongful Denial of Defendant’s Constitutional Right to Testify Constitutes ‘Structural Error’ and Reverses Convictions Where Defendant Removed From Stand and Entire Testimony Stricken, by Douglas Ankney
- Sixth Circuit Strikes Retroactive Application of Parts of Tennessee’s Sweeping Sex Offender Registration, Verification, and Tracking Law, by Sam Rutherford
- Cops Want to Use DNA for Facial Recognition, by Michael Thompson
- Systemic Failures in Background Check Reporting Is Ruining Lives and Costing Billions of Dollars, by Anthony Accurso
- Study Finds That Black Americans Want Both Police Presence and Reform: Looking Beyond the Headlines, by Jo Ellen Nott
- New Research Method Leads to Better Touch DNA Recovery and Development of Genetic Profiles, by Douglas Ankney
- U.S. Sentencing Commission Publishes Data Report on Compassionate Release in FY 2023, by Matthew Clarke
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, by Dale Chappell
- Third Circuit District Court Erred by Failing to Consider Mitigating Evidence Under § 3553(a) Because It Mistakenly Believed Such Grounds Already Taken Into Consideration Based on Safety-Valve, Minor Role, and Acceptance of Responsibility Departures in, by Sam Rutherford
- Fourth Circuit Vacates Order Denying § 2254 Motion, Remands for Evidentiary Hearing on Whether Counsel’s Failure to Object to Duplicative Drug Conspiracy Counts in Violation of Double Jeopardy Clause Was Strategic, by Matthew Clarke
- Rhode Island Supreme Court Holds Temporal Requirement of ‘Recent Fabrication’ Exception to Hearsay Rule Not Satisfied and Scribbled Note Made by Child Victim of Sexual Abuse Years After Alleged Events Not ‘Excited Utterance’, by Matthew Clarke
- Louisiana Becomes First State in Nation to Allow Judges to Order Surgical Castration for Sex Offenders, by Jo Ellen Nott
- Virginia Supreme Court Announces Parties Are Free to Renegotiate Plea Agreement Not Already Accepted by Trial Court, Which May Not Enforce Original Plea Against Parties’ Wishes, by Sam Rutherford
- Ninth Circuit Clarifies ‘Implicit Breach’ Case Law Regarding When Government Breaches Plea Agreement by Responding to Defendant’s Request for Downward Variant Sentence, by Sam Rutherford
- News in Brief
More from Matthew Clarke:
- Texas Social Workers Challenge Blanket Denial of State Occupational License Based on Youthful Assault Convictions, Aug. 1, 2025
- After Judge’s Letter, at Least 22 Former FCI Dublin Prisoners Granted Compassionate Release, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Award of Time Served Credit for Non-Citizen Awaiting Extradition, Aug. 1, 2025
- Former Oregon Prison Guard Sergeant Sentenced for Sexually Abusing Imprisoned Women, Aug. 1, 2025
- Nebraska Supreme Court Clarifies Procedure for Crediting Jail Time to Multiple Contemporaneously-Imposed Sentences, Aug. 1, 2025
- Over One-Third of Older Texas Prisoners Suffering Cognitive Impairment, July 15, 2025
- Kansas Supreme Court Revives Prisoner’s Challenge to Loss of Parental Rights, June 1, 2025
- Fifth Circuit Reinstates Baha’i Texas Prisoner’s Dietary Claim, June 1, 2025
- $5.6 Million Settlement for California Prisoner’s Wife Strip-searched During Visit, June 1, 2025
- Academic Study of Prison Guards’ Use of Excessive Force Details Sad State of Civil Rights for Abused Prisoners, June 1, 2025
More from these topics:
- Mississippi Supreme Court Vacates Convictions, Holding Multiple Errors by State Resulted in ‘Legal Chaos’ That Deprived Defendant of Right to Fair Trial Under ‘Cumulative-Error Doctrine’, May 15, 2025. Fifth Amendment, Prejudicial Spillover, Hearsay Evidence, Graphic and Inflammatory Evidence.
- California Court of Appeal Vacates Sentence Where Trial Court Imposed Sentence Under ‘One Strike’ Enhancement Statute Enacted After Crimes Were Committed, March 15, 2025. Battered Child/Spouse Evidence, Sentence Enhancements/Departures, Sexual Abuse/Harrassment/Exploitation.
- Maryland Supreme Court Clarifies Process for Admitting Co-Conspirator’s Hearsay Statements During Police Interview Under ‘Declaration Against Penal Interest’ Exception, Trial Court Must ‘Parse’ Interview to Determine Admissibility of Each Statement, Feb. 1, 2025. Standard of Review, Police Interrogations, Evidence - Admissibility, Hearsay Evidence, Co-conspirator Statements.
- Washington Appellate Court Reverses Parole Revocation Based on Hearsay, Nov. 15, 2024. Hearsay Evidence, Revocation Proceedings.
- First Circuit: Sentencing May Not Be Based Upon Unreliable Hearsay Testimony, Aug. 1, 2024. U.S. Sentencing Guidelines, Unreliable and Unsubstantiated Assertions, Hearsay Evidence.
- Maryland Compensates Exonerated Prisoner Over $340,000, April 1, 2024. Wrongful Conviction, Eyewitness Testimony, Fabrication of Evidence, Recantation.
- Rikers Island Guard Accidentally Records Himself Planting Shiv in Prisoner’s Cell, Feb. 1, 2024. Guard Misconduct, Fabricated Evidence, Fabrication of Evidence.
- Federal Sentencing Guidelines Undergo Substantial Amendments, Jan. 15, 2024. U.S. Sentencing Guidelines, First Step Act, Violence Against Women Act, Criminal History, Qualifying Offenses, Sentence Enhancements/Departures, Sexual Abuse/Harrassment/Exploitation, Sexual Exploitation of Minors, Federally Protected Rights, Sexual Conduct with Minors, Sentences - Authorized, Safety Valve, Acceptance of Responsibility, Preservation of Judicial Resources, Legal or Factual Challenges - assertion of.
- Colorado Supreme Court Clarifies There Is No Per Se Rule Excluding Self-Serving Hearsay, Sept. 1, 2023. Pro Se Issues, Hearsay Evidence, Exclusionary Rule.
- Fourth Circuit Revives Virginia Prisoner’s Challenge to Discipline for Allegedly Sexually Harassing Guard, July 15, 2023. Guard Misconduct, Sexual Abuse/Harrassment/Exploitation.
