State v. Miguel Montero
Syllabus
After a jury trial, the defendant Miguel Montero (defendant or Montero) was convicted on one count of first-degree child molestation sexual assault in violation of G.L. 1956 §§ 11-37-8.1 and 11-37-8.2. The trial justice sentenced defendant to sixty years at the Adult Correctional Institutions, with thirty years to serve and the balance suspended, with probation. The defendant raised five issues on appeal. The Supreme Court concluded that the trial justice did not abuse his discretion when he admitted into evidence certain testimony regarding uncharged sexual misconduct pursuant to Rule 404(b) of the Rhode Island Rules of Evidence. Specifically, the complaining witness testified that the defendant sexually assaulted her during visits to Virginia and the Dominican Republic, and the complaining witness's mother testified that the defendant engaged in sexual intercourse with her when she was thirteen years old. The Supreme Court also concluded that the trial justice did not abuse his discretion when he admitted prior consistent statements into evidence pursuant to Rule 801(d)(1)(B) of the Rhode Island Rules of Evidence, travel records from the United States Department of Homeland Security detailing the date and time defendant and the complaining witness entered or departed the United States was not subject to the Confrontation Clause because such evidence was not "testimonial," and Batson v. Kentucky, 476 U.S. 79 (1986), did not apply because the trial justice excused a juror for cause, and neither party exercised a peremptory challenge. The Supreme Court affirmed the judgment of conviction.
Opinion Excerpt
Supreme Court No. 2023-92-C.A. (P1/20-3378A) (Concurrence begins on Page 50) (Dissent begins on Page 58) State : v. : Miguel Montero. : NOTICE: This opinion is subject to formal revision before publication in the Rhode Island Reporter. Readers are re