State v. Brown
42 A.3d 1239
| R.I. | 2012Background
- June 26, 2008: Torres was robbed and beaten by two men near the Providence campus.
- Indictment issued Sept.–Oct. 2009 charging Brown and Keishon with first-degree robbery.
- Brown and Keishon were tried together; Brown appeals after conviction and sentence.
- Torres identified Brown in court and from a police-assembled photo array six days after the robbery.
- Torres’s credit card was fraudulently charged ~1 hour after the robbery; records tied to an address shared with Brown.
- Trial court denied Brown’s motions to suppress the identification and to exclude T-Mobile records; Brown was convicted; Keishon acquitted.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the photographic array was unduly suggestive | State argues array was non-suggestive | Brown contends array was unnecessarily suggestive | Denied; not unduly suggestive; in-court ID valid |
| Whether the T-Mobile records were admissible under Rule 403 | State argues records link Brown to fraud and robbery | Brown contends evidence is marginally relevant and prejudicial | Affirmed; not an abuse of discretion; probative value outweighed by prejudice |
Key Cases Cited
- State v. Texter, 923 A.2d 568 (R.I.2007) (standard for reviewing suppression of identifications)
- State v. Luciano, 739 A.2d 222 (R.I.1999) (two-step identification reliability analysis)
- State v. Mastracchio, 612 A.2d 698 (R.I.1992) (reliable vs. unnecessarily suggestive procedures)
- State v. Gardiner, 636 A.2d 710 (R.I.1994) (in-court ID following proper pretrial ID is permissible)
- State v. Gatone, 698 A.2d 230 (R.I.1997) (compare photo array to victim description for reliability)
- State v. Barnes, 559 A.2d 136 (R.I.1989) (foundation for evaluating photo array reliability)
- State v. Shelton, 990 A.2d 191 (R.I.2010) (Rule 403 evidence discretion must be sparing)
- State v. Hak, 963 A.2d 921 (R.I.2009) (Rule 403 balancing standard guidance)
- State v. Tempest, 651 A.2d 1198 (R.I.1995) (scope of evidence admissibility under Rule 403)
- Beaton v. Malouin, 845 A.2d 298 (R.I.2004) (weight of circumstantial or assumed-based evidence goes to weight, not admissibility)