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Judge admits State's Exhibit 118 over defense objections in State v. McIntyre
Summary
Judge Stephanie Boyd admitted State's Exhibit 118 despite the defense's renewed objections and exception; defense counsel said the objections from a prior hearing remained. The court also discussed a withdrawn defense exhibit and recordkeeping with the court reporter.
Judge Stephanie Boyd of the 187th District Court admitted State's Exhibit 118 over defense objections during the trial of State v. Tamar McIntyre (02/2019 CR12495), the court record shows.
The ruling followed the state's offer of the item as evidence and a defense statement renewing earlier objections. The court overruled the defense and formally admitted the exhibit into evidence.
At a bench exchange before the jurors returned, a state attorney said, “at, at this time, the state offers State's exhibit 118.” Defense counsel told the court, “we renew our objections from yesterday. In full, we also, take exception and object to the Court's ruling.” Judge Boyd then said, “The objection is overruled. State's exhibit 118 is admitted.”
Defense counsel had previously raised concerns about redactions to recorded material during an earlier discussion in the record, saying that redactions had not cured all issues. The transcript shows the defense maintained objections based on those earlier concerns, and that the defense preserved its exception to the court's ruling.
The court and counsel also briefly discussed a defense exhibit labeled “15 rr.” Defense counsel said they had inadvertently taken the exhibit and believed it had been withdrawn; the judge noted that withdrawn exhibits are typically not kept as part of the record unless the court reporter chooses otherwise.
The admission of Exhibit 118 concludes the evidence-collection phase for that item; the court and parties indicated they would proceed to prepare the jury charge and closing arguments ahead of the jury's return.
