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