State v. Quattrocchi

I respectfully dissent from parts I and II of the court’s majority opinion for the following reasons:

I

THE DEFENDANT WAIVED ANY RIGHT TO HAVE A PRELIMINARY HEARING OUT OF THE PRESENCE OF THE JURY ON THE FLASHBACK AND REPRESSED-RECOLLECTION EVIDENCE BY FAILING TO REQUEST SUCH A HEARING BEFORE THE TRIAL JUSTICE.

Rule 104(a) of the Rhode Island Rules of Evidence provides that “[p]reliminary ques*888tions concerning the qualification of a person to be a witness, the existence of a privilege, or the admissibility of evidence shall be determined” by the trial court. However, only hearings on the…