context: Although a trial justice is required to give a limiting instruction when admitting evidence of prior bad acts under one of the exceptions to Rule 404(b), it is not required that the instruction be given immediately after the pertinent testimony.
citation_a.signal: see also
citation_a.parenthetical: "The trial justice always should take it upon himself or herself to offer a limiting instruction when admitting evidence of other sex acts."
citation_a.sentence: State v. Cardoza, 649 A.2d 745, 748 (R.I. 1994) (“[TJhere is no requirement that this instruction be given immediately after the testimony has been given.”); see also State v. Brown, 626 A.2d 228, 234 n. 2 (R.I.1993) (“The trial justice always should take it upon himself or herself to offer a limiting instruction when admitting evidence of other sex acts.”); Jalette, 119 R.I. at 627, 382 A.2d at 533-34. When a defendant fails to object to the introduction of the evidence at trial, the trial justice’s failure to issue a sua sponte cautionary instruction constitutes reversible error only if a defendant does not attempt to utilize the uncharged incidents to his or her advantage.
citation_b.signal: no signal
citation_b.identifier: 649 A.2d 745, 748
citation_b.parenthetical: "[TJhere is no requirement that this instruction be given immediately after the testimony has been given."
citation_b.sentence: State v. Cardoza, 649 A.2d 745, 748 (R.I. 1994) (“[TJhere is no requirement that this instruction be given immediately after the testimony has been given.”); see also State v. Brown, 626 A.2d 228, 234 n. 2 (R.I.1993) (“The trial justice always should take it upon himself or herself to offer a limiting instruction when admitting evidence of other sex acts.”); Jalette, 119 R.I. at 627, 382 A.2d at 533-34. When a defendant fails to object to the introduction of the evidence at trial, the trial justice’s failure to issue a sua sponte cautionary instruction constitutes reversible error only if a defendant does not attempt to utilize the uncharged incidents to his or her advantage.