State v. Hazard

785 A.2d 1111, 2001 R.I. LEXIS 241, 2001 WL 1586109
CourtSupreme Court of Rhode Island
DecidedDecember 3, 2001
Docket98-237-C.A.
StatusPublished
Cited by17 cases

This text of 785 A.2d 1111 (State v. Hazard) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Hazard, 785 A.2d 1111, 2001 R.I. LEXIS 241, 2001 WL 1586109 (R.I. 2001).

Opinion

OPINION

FLANDERS, Justice.

The defendant, Harold A. Hazard (defendant), appeals from a judgment of conviction for repeated sexual assaults upon a child. A Superior Court jury found the defendant guilty of committing five counts of child molestation sexual assault (four counts first degree, one count second degree) against his former girlfriend’s daughter (victim) when the girl was eleven and twelve years old.

On appeal, defendant challenges various evidentiary rulings and the trial justice’s mid-trial excusal of a juror from the case. Below, we take up each of defendant’s specifications of error, reciting the pertinent facts as needed to resolve them as well as the reasons why we reject each of these contentions.

I

Sustaining Objections During Defendant’s Cross-examination of the Victim’s Mother

The defendant asserts that the trial justice committed reversible error during the trial when he sustained a series of prosecution objections to various cross-examination questions that his attorney posed to the victim’s mother. On appeal, defendant suggests that he was trying to elicit statements that the victim allegedly made to her mother showing a racial animus against defendant. The defendant, who was a person of color, posits that the victim’s racial prejudice toward him caused her to fabricate the sexual-assault charges. In support of this contention, defendant argues, his counsel tried to elicit that the victim made certain statements to her mother that revealed her race-based hostility toward defendant. In particular, defendant contends, because the state’s hearsay objections were not well founded, the trial justice erred when he sustained them. The defendant maintains that any such statements that the victim may have made to her mother fell within the hearsay exception for the declarant’s then-existing state of mind under Rule 803(3) of the Rhode Island Rules of Evidence. 1

The first problem we have with this contention is that defendant failed to present this argument to the trial justice. Under our well-settled raise-or-waive rule, failure to make an argument to a trial justice waives the right to raise that argument on appeal. See State v. Donato, 592 A.2d 140, 141-42 (R.I.1991). This rule requires that, to be reviewable on appeal, all objections and allegations of error at the trial level must be raised initially and specifically with the trial justice. State v. Pineda, 712 A.2d 858, 861 (R.I.1998); State v. Toole, 640 A.2d 965, 973 (R.I.1994). When a trial justice sustains an objection to a line of inquiry on cross-examination and opposing counsel fails to make an offer *1116 of proof, fails to request any voir dire of the witness, and fails to articulate any reason why the court should reconsider its ruling, then that party cannot, on appeal, question the trial justice’s ruling in sustaining the objection as reversible error. State v. Medina, 747 A.2d 448, 450 (R.I.2000).

Although the trial justice sustained various objections to questions that were put to the victim’s mother on cross-examination, defendant never once indicated to the trial justice the purpose for which he sought to elicit the hearsay statements in question. Likewise, he made no offer of proof, he never asked the trial justice to allow him to voir dire the witness outside the presence of the jury, and he never mentioned the Rule 803(3) hearsay exception that he now relies upon to justify this line of questioning. Moreover, he never asked the trial justice to reconsider his rulings in light of that exception. Instead of letting the trial justice know the purpose for which he was asking these questions, what evidence he was seeking to adduce, and the legal basis for admitting this evidence, defendant’s attorney simply moved on to his next cross-examination question without even indicating what answers he expected to receive concerning the victim’s alleged racial animus toward defendant. We hold, therefore, that he has failed to preserve his objection to these evidentiary rulings for our review on appeal.

An exception exists to this raise- or-waive rule, however, for issues involving a basic constitutional right. To invoke that exception the party must show that the error was more than harmless, that a sufficient record exists to permit a determination of whether any error was committed, and that the failure to raise the issue at trial was based on a “ ‘novel rule of law that counsel could not reasonably have known during the trial.’ ” Cronan ex. rel. State v. Cronan, 774 A.2d 866, 878 (R.I.2001) (quoting State v. Donato, 592 A.2d 140, 142 (R.I.1991)). In this case, defendant’s Rule 803(3) argument does not qualify under the exception to the raise-or-waive rule.

First, we are not persuaded that any error, if it existed, was more than harmless. Even if the trial justice’s decision to limit cross-examination had been erroneous, it would not be reversible if the error was harmless beyond a reasonable doubt. State v. Pettiway, 657 A.2d 161, 164 (R.I.1995). This Court has adopted a test for determining harmless error that calls for consideration of the following factors: the importance of the witness’s testimony; whether the testimony was cumulative; the presence or absence of evidence corroborating or contradicting the witness’s testimony on material points; the extent of cross-examination otherwise permitted; and the overall strength of the prosecution’s ease. See State v. Squillante, 622 A.2d 474, 479 (R.I.1993) (adopting the test in Delaware v. Van Arsdall, 475 U.S. 673, 684, 106 S.Ct. 1431, 1438, 89 L.Ed.2d 674, 686-87 (1986)).

In this case, if the trial justice erred, the error was harmless beyond a reasonable doubt because defendant was able to elicit through both the mother and the victim herself considerable evidence indicating that the victim did not like defendant because of his race and that then rocky relationship reflected this fact. For example, the mother was asked about the nature of the relationship between her daughter and her boyfriend, and she characterized it as “rough,” noting that their relations were sometimes good, sometimes bad. The mother specifically testified that the relationship between defendant and her daughter began to deteriorate after she was in a car accident in 1994; from *1117 then on, she stated, the victim became “cocky and arrogant” toward defendant. They began to argue a great deal and the victim would “huff and puff,” “slam things,” and “roll her eyes up in the air” when defendant asked her to do chores around the house. When her mother corrected her behavior, the victim became hostile and accused her mother of taking defendant’s side against her.

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Bluebook (online)
785 A.2d 1111, 2001 R.I. LEXIS 241, 2001 WL 1586109, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-hazard-ri-2001.