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eBook details

• Title: Frederick W. Smith v. State Delaware
• Author : Supreme Court of Delaware
• Release Date : January 14, 1995
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 67 KB

Description

BERGER, Justice: In this appeal we consider several claims of error raised by defendant below-appellant, Frederick W. Smith (""Smith""), who was convicted by a Superior Court jury of second degree unlawful sexual intercourse, third degree unlawful sexual penetration, and third degree assault. Smith contends that the Superior Court erred in: (i) admitting medical records that had been redacted by the prosecutor: (ii) refusing to admit a portion of Smith's statement to the police: (iii) admitting prior ""bad acts"" evidence: (iv) admitting the victim's tape recorded statement pursuant to 11 Del.C. § 3507; and (v) denying Smith's Motion for Judgment of Acquittal at the Conclusion of the State's case. For the reasons stated below, we hold that the Superior Court committed no error in its rulings on the first three evidentiary claims or in its denial of the Motion for Judgment of Acquittal. Although it may have been error to allow, over objection, the victim's statement into evidence at a point in the trial when the victim was no longer available to testify, there was no objection on that ground, and we conclude that the admission of the victim's § 3507 statement did not constitute plain error. Thus, we affirm the judgment of the Superior Court.

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