Legal Opinion · Concurring in part, dissenting in part

State v. Mohapatra

Supreme Court of Rhode Island

Decided July 25, 2005No. 2004-21-C.APublished

1Concurring in part, dissenting in partRobinson, Justice

I am fully persuaded of the correctness of the majority’s holdings concerning (1) the admissibility in this case of the evidence of the defendant’s uncharged purported prior sexual misconduct vis-a-vis the complainant herself and (2) the verdict form issue. I therefore join without reservations in those holdings and in the underlying legal analysis. With respect to the testimony of Kim Baldino, however, I feel compelled to dissent — although I readily acknowledge the thoughtful nature of the majority’s approach to the vexing eviden-tiary issue which that testimony implicates.

In my view, the…

2Cases cited62 opinions

  1. Michelson v. United StatesSupreme Court of the United States · 1949
  2. Spencer v. TexasSupreme Court of the United States · 1966
  3. Carey v. Population Services InternationalSupreme Court of the United States · 1977
  4. People v. EwoldtCalifornia Supreme Court · 1994
  5. United States v. Larry Allen MyersCourt of Appeals for the Fifth Circuit · 1977

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