residual exception in Rhode Island

2008See State v. Torres, 787 A.2d 1214, 1222 (R.I.2002) (admissibility of an excited utterance is clearly within the trial justice’s discretion and will not be overturned unless there is an abuse of discretion); Estate of Sweeney v. Charpentier, 675 A.2d 824, 827 (R.I.1996) (admissibility of the residual exception to the hearsay rule is clearly within the discretion of the trial justice and will not be overturned unless there was an abuse of discretion resulting in prejudice).

2006“The admission of a statement under an exception to the hearsay rule is within the sound discretion of the trial justice and shall not be overturned unless clearly erroneous.” State v. Lynch, 854 A.2d 1022, 1038 (R.I.2004); see State v. Torres, 787 A.2d 1214, 1222 (R.I.2002) (admissibility of an excited utterance clearly within the trial justice’s discretion and will not be overturned unless there is an abuse of that discretion); Estate of Sweeney v. Charpentier, 675 A.2d 824, 827 (R.I.1996) (admissibility under the residual exception to the hearsay rule clearly within the discretion of the tr

2008See State v. Torres, 787 A.2d 1214, 1222 (R.I.2002) (admissibility of an excited utterance is clearly within the trial justice’s discretion and will not be overturned unless there is an abuse of discretion); Estate of Sweeney v. Charpentier, 675 A.2d 824, 827 (R.I.1996) (admissibility of the residual exception to the hearsay rule is clearly within the discretion of the trial justice and will not be overturned unless there was an abuse of discretion resulting in prejudice).

2006“The admission of a statement under an exception to the hearsay rule is within the sound discretion of the trial justice and shall not be overturned unless clearly erroneous.” State v. Lynch, 854 A.2d 1022, 1038 (R.I.2004); see State v. Torres, 787 A.2d 1214, 1222 (R.I.2002) (admissibility of an excited utterance clearly within the trial justice’s discretion and will not be overturned unless there is an abuse of that discretion); Estate of Sweeney v. Charpentier, 675 A.2d 824, 827 (R.I.1996) (admissibility under the residual exception to the hearsay rule clearly within the discretion of the tr

2011The residual exception is “meant to be reserved for exceptional cases” and is “not intended to confer a broad license on trial judges to admit hearsay statements that do not fall within one of the other exceptions * * *.” Conoco Inc. v. Department of Energy, 99 F.3d 387, 392 (Fed.Cir.1996) (internal quotation marks omitted); see also 5 Weinstein’s Federal Evidence § 807.02[1] at 807-7 (2d ed.2010) (citing, inter alia, Conoco Inc.).

2006“The admission of a statement under an exception to the hearsay rule is within the sound discretion of the trial justice and shall not be overturned unless clearly erroneous.” State v. Lynch, 854 A.2d 1022, 1038 (R.I.2004); see State v. Torres, 787 A.2d 1214, 1222 (R.I.2002) (admissibility of an excited utterance clearly within the trial justice’s discretion and will not be overturned unless there is an abuse of that discretion); Estate of Sweeney v. Charpentier, 675 A.2d 824, 827 (R.I.1996) (admissibility under the residual exception to the hearsay rule clearly within the discretion of the tr

1996Further, consideration should be given to factors bearing on the reliability of the reporting of the hearsay by the witness." (Emphasis added.) On the other hand, Huff v. White Motor Corp., 609 F.2d 286, 293 (7th Cir.1979), rejected the approach of the Third Circuit and held that "the reliability of the witness’ testimony that the hearsay statement was in fact made is not a factor to be considered in deciding its admissibility.” The court reasoned that the “circumstantial guarantees of trustworthiness necessary under the residual exception are to be ‘equivalent’ to the guarantees that justify

1996Further, consideration should be given to factors bearing on the reliability of the reporting of the hearsay by the witness." (Emphasis added.) On the other hand, Huff v. White Motor Corp., 609 F.2d 286, 293 (7th Cir.1979), rejected the approach of the Third Circuit and held that "the reliability of the witness’ testimony that the hearsay statement was in fact made is not a factor to be considered in deciding its admissibility.” The court reasoned that the “circumstantial guarantees of trustworthiness necessary under the residual exception are to be ‘equivalent’ to the guarantees that justify

1996If the hearsay rule is to retain any life, a demand for the creation of a new exception counsels caution and should be granted only where special ‘trustworthiness’ is shown.” 1 (Emphasis added.) Wolfson v. Mutual Life Insurance Co., 455 F.Supp. 82, 88 (M.D.Pa.), aff'd, 588 F.2d 825 (3rd Cir.1978).

1996Huff v. White Motor Corp., 609 F.2d 286, 291 (7th Cir.1979) (citing United States v. Friedman, 593 F.2d 109, 118 (9th Cir.1979)).