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Mancill v. State

The trial court properly admitted the 4-year-old witness's videotaped interviews which were consistent with her trial testimony to rebut defendant's contention that relatives and others attempted to influence her identification of him as her mother's shooter.

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A jury convicted Durwyn Quincy Mancill of the murder of Yolanda Lewis and Ace Johnson, III.1 Mancill challenges the trial court’s evidentiary rulings concerning two videotaped interviews of a child who testified as a witness at the trial. Because we conclude that the trial court did not abuse its discretion in admitting the videotaped interviews as prior consistent statements or in prohibiting the defendant’s expert from evaluating the techniques used in questioning the child, we affirm.

1. The evidence presented at trial shows that residents in Lewis’ apartment complex heard gunshots before daybreak on August 5, 1992, and saw four-year-old Kendra Lewis run down the front steps of her apartment building. She ran to three people on the street and told them that “Dre had just shot her mama’s eye out.” When police arrived, they kicked open the front door, which was locked, and found Johnson lying behind the front door and Kendra’s mother lying on the bed in the front bedroom. Each victim had been shot twice in the head with the same gun. The lights were on in the apartment and the back door was standing open. While waiting for her relatives to arrive, Kendra told a police officer that her mother’s friend Dre “shot my mama” and then said, “There go Dre,” pointing to Mancill as he was walking down the street with his friends.

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