State v. Carrion
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After a jury trial, Defendant was found guilty of four counts of sexual assault in the first degree and four counts of risk of injury to a child. Defendant appealed, arguing that the trial court erred in (1) permitting the state to use a video recording of a forensic interview of the child victim for substantive purposes, and (2) giving a certain jury instruction. The appellate court affirmed, holding (1) the trial court reasonably concluded the video recording of the child victim’s interview was admissible, and (2) Defendant implicitly waived his right to raise his second claim. The Supreme Court affirmed, holding (1) the appellate court correctly concluded that the trial court did not abuse its discretion in admitting the video recording into evidence; and (2) assuming, without deciding, that Defendant’s claim of instructional impropriety was not implicitly waived, the instruction did not deprive Defendant of a fair trial.
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