State v. Allen

pPLOTKIN, J.,

concurring.

I write separately on the hearsay issues because of the general misuse and misunderstanding of the “fruits of the investigation” exception.

ASSIGNMENT OF ERROR NO. 2, 6, and 9

Defendant claims that the trial court committed multiple continuous legal errors throughout the trial regarding hearsay. Specifically, the trial judge overruled the defendant’s objections, during opening statement, trial and closing argument when it allowed the prosecutor and the police officers to tell the jury hearsay statements made by the defendant’s wife, Traleya Smith, and his mother in law,…