State v. Hines

Donald Hines (defendant), charged with kidnapping, sexual assault, and marijuana possession, called Susan Robinson, the woman he lived with, as a witness; she testified to several details supporting his alibi and account of the night in question. On cross-examination, the prosecution showed that during a lengthy pre-trial interview covering Hines and that same night, Robinson had never mentioned any of these facts. The jury convicted Hines of marijuana possession but reached no verdict on the other charges, and he appealed, arguing the prosecution's impeachment was improper.