State v. Rushlow
Annotate this CaseAfter a jury trial, Defendant was convicted of domestic first-degree sexual assault and domestic assault with intent to commit sexual assault. The Supreme Court affirmed, holding (1) the trial justice did not abuse her discretion by refusing to pass the case after the complainant testified that the police issued to her a no-contact order against Defendant where the testimony was not sufficiently prejudicial as to prevent the jury from calmly and dispassionately considering the evidence and the cautionary instructions provided by the trial justice alleviated any prejudicial impact of the testimony; and (2) the trial justice did not abuse her discretion by denying a second motion to pass the case when a police officer, while testifying, improperly bolstered the complainant's credibility where the improper bolstering was not sufficiently prejudicial to Defendant.
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