State v. Ortega
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The Supreme Court affirmed the judgment of the trial court convicting Defendant of sexual assault in the first degree and other crimes, holding that the trial court did not abuse its discretion in admitting into evidence the victim's out-of-court statements under the tender years exception to the hearsay rule.
On appeal, Defendant argued that the trial court abused its discretion in admitting certain out-of-court statements made by the victim, in admitting a transcript of a recorded but modified conversation between the victim and the victim's mother, and in denying his request for a continuance during trial. The Supreme Court affirmed, holding (1) the victim's out-of-court statements were properly admitted; (2) Defendant failed to preserve his second argument on appeal; and (3) the trial court did not err in denying Defendant's request for a continuance.
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