State v. Micheli, 94-315-C
| Citation | 656 A.2d 980 |
| Decision Date | 11 April 1995 |
| Docket Number | No. 94-315-C,94-315-C |
| Parties | STATE v. Louis MICHELI. A. |
| Court | United States State Supreme Court of Rhode Island |
This matter came before the Supreme Court on March 13, 1995, pursuant to an order directing the state and the defendant, Louis Micheli, to appear and show cause why the issues raised in this appeal should not be summarily decided. In this case the defendant has appealed from a judgment of conviction in Superior Court of second-degree child molestation.
After reviewing the memoranda submitted by the parties and after hearing their counsel in oral argument, this court concludes that cause has not been shown. The appeal will be decided on the merits of the case at this time.
The complaining witness in this case is a seven-year-old child. At the time of the incident defendant was a next door neighbor of the child's grandmother. The child spent much time with the grandmother while her mother was at work. The molestation offense occurred in defendant's home.
The defendant contends that the trial justice committed reversible error in allowing the mother to testify to statements the child made to her about the incident. The state concedes that the admission of this hearsay testimony may have been error but that it was harmless error. The fact is that the child did testify herself and it was obvious that the mother used the exact words that the child had spoken to her. The child was also able to testify about many facts regarding her relationship with defendant and the circumstances surrounding the incident. This court has held that the admission of hearsay evidence is not prejudicial when the evidence is merely cumulative and when defendant's guilt is sufficiently established by proper evidence. State v. Angell, 122 R.I. 160, 405 A.2d 10 (1979). Also in State v. Burns, 524 A.2d 564 (R.I.1987), and in State v. Poulin, 415 A.2d 1307 (R.I.1980), the admission of testimony of a parent in a similar situation was found not to be reversible error. We agree with the state's contention that the admission of this testimony was harmless error.
The defendant next contends that the trial justice erred in precluding counsel from questioning the victim about a situation in which she lied about scratching an automobile. The defendant contends that specific instances of conduct, relating to a witness's character for truthfulness may be inquired into on cross-examination under Rule 608(b) of the Rhode Island Rules of Evidence. That rule prohibits the use of extrinsic evidence to show specific instances of conduct of a witness, for purposes of attacking or supporting the witness's credibility. The rule goes on to state that specific instances of conduct "may, however, in the discretion of the court, if probative of truthfulness or untruthfulness, be inquired into on cross-examination of the witness (1) concerning the witness' character for truthfulness or untruthfulness * * * ." Id. The trial justice did not specifically find in so many words that the alleged incident was not probative of the victim's truthfulness; however, in his discussion with counsel it was apparent that that was his thinking.
The defendant also argues error in the trial justice's ruling that, if the defense introduced character witnesses, the state would be allowed to...
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State v. Lynch
...when the evidence is merely cumulative and when defendant's guilt is sufficiently established by proper evidence." State v. Micheli, 656 A.2d 980, 982 (R.I.1995) (per curiam) (citing Angell, 122 R.I. at 168, 405 A.2d at 14). "While it is true that evidence is accumulated in the course of a ......
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State v. Robinson
......Lynch, 854 A.2d 1022, 1032 (R.I.2004) (internal quotation marks omitted); see also State v. Micheli, 656 A.2d 980, 982 (R.I. 1995). We have defined "cumulative evidence" as being that which tends "to prove the same point to which other evidence has ......
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State v. Lynch, No. 1999-327-C.A. (K1/96-591A) (RI 8/11/2004)
...when the evidence is merely cumulative and when defendant's guilt is sufficiently established by proper evidence." State v. Micheli, 656 A.2d 980, 982 (R.I. 1995) (per curiam) (citing Angell, 122 R.I. at 168, 405 A.2d at 14). "While it is true that evidence is accumulated in the course of a......
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State v. Ceppi
...established by proper evidence.” State v. Lynch, 854 A.2d 1022, 1032 (R.I.2004) (internal quotation marks omitted); see State v. Micheli, 656 A.2d 980, 982 (R.I.1995). We have defined “cumulative evidence as evidence that tends to prove the same point to which other evidence has been offere......