Hicks v. State
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The Supreme Court affirmed Defendant's conviction of third-degree sexual abuse of a minor, TM, holding that the district court did not commit plain error by admitting evidence of TM's out-of-court statements about the abuse.
On appeal, Defendant argued that the district court erred by admitting into evidence TM's prior consistent out-of-court statements and by allowing the jury to review, during deliberations, a clip of a muted video of Defendant and a police officer walking through the bedroom where the abuse occurred. The Supreme Court affirmed, holding (1) the district court's admission of TM's out-of-court statements about the abuse was proper; and (2) Defendant failed to demonstrate that there was a reasonable probability the verdict would have been more favorable to him if the district court had refused the jury's request to view the contested video.
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