Hearsay

Defendant appealed the decision of the trial judge sustaining the violation of R.I.G.L. 1956 § 31-13-4 (obedience to devices).  The Defendant argued the trial judge’s decision was affected by error of law because he did not admit into evidence an affidavit of an out-of-court witness offered by the Defendant.  At trial, the Defendant’s counsel had the affidavit marked for identification but the trial judge excluded it as inadmissible hearsay.  The Panel noted that the substance of the affidavit was being offered for the truth of the matter being asserted, that the declarant did not appear in court and was not subject to cross-examination, and that the Defendant did not articulate any exception to the hearsay rule.  The Panel held the trial judge properly excluded the affidavit as inadmissible hearsay.  Accordingly, the Panel sustained the charged violation.

Town of Johnston v. Amalia Blinkhorn, C.A. No. M11-0029 (May 3, 2012).pdf