State v. Brown
9 A.3d 1240
| R.I. | 2010Background
- Defendant Nakeda Brown was convicted in Rhode Island Superior Court of felony assault with a mirror and simple assault, after a May 15, 2007 domestic dispute with Waysaywhein Timbo; a prior live-in relationship existed (2001–2007) with a shared daughter born in 2003.
- Timbo testified that the May 2007 argument led to an assault with a mirror and that defendant may have used his hands and feet as well.
- A rescue technician, Derrick Campbell, testified that Timbo reported being kicked, punched, and hit with a mirror; the statement was admitted under Rule 803(4) as medical-diagnosis evidence.
- The defense introduced a conflicting account: Brown claimed Timbo tripped into a shattered mirror during an argument and that he assisted her thereafter.
- During cross-examination, the state introduced audio recordings and a transcript of telephone calls between Brown and Timbo, including Brown’s admission that he had put his hands on Timbo before.
- Brown appeals on Rule 404(b) evidence, Rule 803(4) evidence, and the use of a transcript containing inaudible designations.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Rule 404(b) admissibility of past abuse evidence | State argues motive/intent; burden on preservation is not fatal | Brown contends it was improper character evidence and not properly preserved | Issue waived; no substantive review of 404(b) merits |
| Admissibility of Timbo's statement under Rule 803(4) | Statement relevant to diagnosis/treatment; admissible | Statement unconnected to diagnosis; hearsay error | Admissible under Rule 803(4) |
| Use of inaudible-designation transcript on recross-examination | Transcript aids comprehension of recordings; not unduly prejudicial | Transcript could mislead without full context | No abuse of discretion; transcript allowed with cautionary instruction |
Key Cases Cited
- Wickizer v. State, 626 N.E.2d 795 (Ind. 1993) (limits on 404(b) intent argument not preserved on appeal)
- State v. Breen, 767 A.2d 50 (R.I. 2001) (constitutional dimension exception to raise-or-waive rule)
- State v. Bido, 941 A.2d 822 (R.I. 2008) (assignments of error must be sufficiently particular to call trial judge's attention)
- State v. Gautier, 950 A.2d 400 (R.I. 2008) (principles for preserving issues on appeal)
- State v. Flori, 963 A.2d 932 (R.I. 2009) (abuse-of-discretion standard for evidentiary rulings)
- State v. Pina, 455 A.2d 313 (R.I. 1983) (Rule 803(4) medical-diagnosis exception rationale)
- State v. Gaspar, 982 A.2d 140 (R.I. 2009) (test for Rule 803(4) admissibility; focus on diagnosis/treatment)
- State v. Lynch, 854 A.2d 1022 (R.I. 2004) (physician's testimony about cause of pain without identifying assailant)