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Phillips v. State

The trial court's error in admitting a witness's videotaped statement to police under the necessity exception to the hearsay rule was harmless since it was cumulative of other testimony from other witnesses who were present during the crimes.

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Appellant Eric Phillips appeals his convictions for malice murder and related crimes, resulting in a life sentence,1 alleging that the trial court erred in overseeing voir dire, in its dealings with the jury, in numerous evidentiary rulings, and in expressing bias against appellant. We conclude that although the trial court erred by admitting a witness’s hearsay statement under the necessity exception, the statement was cumulative of other properly introduced evidence and therefore harmless. Finding no merit to appellant’s other contentions, we affirm. We remand, however, for the trial court to consider appellant’s claim of ineffective assistance of trial counsel.

The evidence at trial showed that appellant and an accomplice knocked on the door of an apartment occupied by Rideaux, Jones, Huff, Clark, and Veasy. Appellant was searching for Rideaux, with whom he had fought several days earlier. As the apartment door opened, appellant fired three shots, killing Clark. Veasy, who had been asleep on the couch, then ran out of the apartment. Appellant pursued Veasy, shot and wounded him, and asked the location of Rideaux. When Veasy replied that Rideaux was inside the apartment, appellant returned there. Unable to locate the hiding Rideaux and Huff, appellant fired several random shots and left the apartment.

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