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State v. Johnson
13 A.3d 1064
| R.I. | 2011
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Background

  • Kendall Johnson was charged in Providence County Superior Court with four counts related to a handgun assault on Donald Washington and related offenses.
  • The alleged incident occurred on April 1, 2008; Johnson and a companion approached Washington to demand his chain, then fired when he refused.
  • Ms. Reed identified Johnson as the assailant, describing him as either Johnson or his nickname, Dang, and witnessing the shooting on the porch.
  • At trial, Johnson was convicted on all counts and sentenced to an aggregate term of 30 years with 13 to serve, 5 non-parolable.
  • Johnson appealed, challenging the trial court’s admission of statements about his nickname from Reed and Det. A’vant as hearsay.
  • The Rhode Island Supreme Court affirmed, holding the nickname evidence was admissible and, even if cumulative, not prejudicial given the other strong identification testimony.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Is the nickname evidence hearsay and reversible error? Johnson's nickname testimony is hearsay to prove truth of the matter. Nicknames are non-hearsay or reliable when used to assess credibility. No reversible error; nickname evidence not hearsay and was not abuse of discretion.
Whether the nickname testimony was harmlessly cumulative? Nickname evidence adds independent probative value. Evidence was cumulative only. Not prejudicial; strong identification evidence supported conviction.

Key Cases Cited

  • State v. McManus, 990 A.2d 1229 (R.I. 2010) (trial court evidentiary rulings reviewed for abuse of discretion)
  • State v. Reyes, 984 A.2d 606 (R.I. 2009) (evidentiary rulings; credibility concerns)
  • Ferrell v. Wall, 889 A.2d 177 (R.I. 2005) (evidentiary discretion; hearsay considerations)
  • State v. Lynch, 854 A.2d 1022 (R.I. 2004) (harmless error; cumulative evidence analysis)
  • State v. Micheli, 656 A.2d 980 (R.I. 1995) (hearsay; cumulative effect standard)
  • State v. Angell, 122 R.I. 160, 405 A.2d 10 (R.I. 1979) (admission of hearsay evidence; credibility considerations)
Read the full case

Case Details

Case Name: State v. Johnson
Court Name: Supreme Court of Rhode Island
Date Published: Feb 18, 2011
Citation: 13 A.3d 1064
Docket Number: 2009-249-C.A.
Court Abbreviation: R.I.