SEARCH

Babbitt v. State

Although the trial court erred in allowing the State to use the defendant's pre-Miranda statement for impeachment purposes, the error was harmless in light of the other evidence of the defendant's guilt.

Thank you for sharing!

Your article was successfully shared with the contacts you provided.

After a jury trial, Armand Babbitt was convicted of two counts of aggravated assault,1 possession of a firearm by a convicted felon,2 and possession of a firearm during the commission of a felony.3 The jury acquitted Babbitt of two counts of felony murder one count predicated on aggravated assault and one count predicated on armed robbery and of armed robbery. Babbitt appeals, arguing that 1 the trial court erred by excluding his pre-trial statement but allowing its use for impeachment purposes; 2 the evidence was insufficient to support his conviction for aggravated assault because it is inconsistent with the jury’s acquittal on the charges of felony murder and armed robbery; and 3 the evidence was insufficient such that the trial court should have found that the guilty verdict was against the weight of evidence. For the reasons that follow, we affirm.

Viewed in the light most favorable to the verdict,4 the record shows that on June 4, 2010, Felipe Brito, who spoke little English, arranged to sell cocaine for $29,000 to some men with the assistance of Miguel Bautista as a translator. Bautista arranged to have the buyers later discovered to be Tremain Davis, Babbitt, and a third man meet him at a local TGI Fridays restaurant from which location the buyers followed him in their vehicle to an apartment complex where Brito lived.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

From Data to Decisions

Dynamically explore and compare data on law firms, companies, individual lawyers, and industry trends.

Exclusive Depth and Reach.

Law.com Compass includes access to our exclusive industry reports, combining the unmatched expertise of our analyst team with ALM’s deep bench of proprietary information to provide insights that can’t be found anywhere else.

Big Pictures and Fine Details

Law.com Compass delivers you the full scope of information, from the rankings of the Am Law 200 and NLJ 500 to intricate details and comparisons of firms’ financials, staffing, clients, news and events.

Southeastern Legal Awards 2025

May 01, 2025
Atlanta, GA

The Daily Report is honoring those attorneys and judges who have made a remarkable difference in the legal profession.

Learn More

Complex Claims & Litigation Forum 2025

February 24, 2025 - February 26, 2025
Las Vegas, NV

This conference aims to help insurers and litigators better manage complex claims and litigation.

Learn More

Legalweek Leaders in Tech Law Awards 2025

March 24, 2025
New York, NY

Recognizing innovation in the legal technology sector for working on precedent-setting, game-changing projects and initiatives.

Learn More

Title: Legal Counsel Reports to: Chief Executive Officer (CEO) FLSA Status: Exempt, Full Time Supervisory Responsibility: N/A Location: Remo...

Apply Now ›

Associate Position

Blume Forte Fried Zerres and Molinari 1 Main Street Chatham, NJ 07945Prominent Morris County Law Firm with a state-wide personal injury prac...

Apply Now ›

ASSOCIATE ATTORNEY DEFENSE LITIGATION

d Arcambal Ousley & Cuyler Burk, LLP, a well-established women-owned litigation firm, has an opening in our Parsippany, NJ office. We of...

Apply Now ›