OPINION Justice INDEGLIA, for the Court. The defendant, Miguel Navarro, appeals from a judgment of conviction for first-degree child molestation sexual assault. On appeal, the defendant contends that the trial justice erred when she denied his (1) motion for a continuance prior to trial; (2) motions for judgment of acquittal; and (3) motion for a new trial. After reviewing the record and considering the parties' written submissions and oral arguments, we find no error on the part of the trial...
OPINION Chief Justice SUTTELL, for the Court. The defendant, Roy Diefenderfer, appeals from a Superior Court order denying his motion to reduce his sentence. As grounds for his appeal, the defendant argues that the hearing justice—a different justice from the one who originally sentenced the defendant—did not apply the correct standard in denying the defendant's sentence-reduction motion. Specifically, the defendant asserts that the hearing justice erroneously applied the appellate standard...
OPINION Justice ROBINSON, for the Court. On October 16, 2008, a Superior Court jury found the defendant, Raquel Figuereo, guilty of shoplifting. As her sole argument on appeal, the defendant contends that the justice of the Superior Court who presided over that trial erred in declining to instruct the jury that eyewitness certainty is not a reliable indicator of eyewitness accuracy. For the reasons set forth in this opinion, we affirm the judgment of the Superior Court. I Facts and...
OPINION Justice INDEGLIA, for the Court. The applicant, Gerald M. Brown (applicant or Brown), appeals pro se from a judgment of the Superior Court dismissing his second application for postconviction relief. On appeal, Brown contends that the hearing justice (1) failed to provide Brown an opportunity for a full and fair hearing as a pro se applicant; (2) erroneously denied his claim of newly discovered evidence; (3) improperly rejected his claim of unlawful incarceration; and (4) wrongly...
OPINION Justice GOLDBERG, for the Court. This case came before the Supreme Court on November 2, 2011, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. The applicant, Craig C. Price (Price or applicant) was convicted, after a jury trial, of one count of criminal contempt and sentenced by the Family Court 1 to twenty-five years at the Adult Correctional Institutions (ACI), ten years to serve and the...
OPINION Justice INDEGLIA, for the Court. The defendant, Windell McRae, appeals from a judgment of conviction for simple domestic assault. On appeal, the defendant contends that (1) the trial justice erred by denying his motion to pass the case after the complainant testified that the defendant had been drinking on the day of the assault, and (2) the trial justice abused his discretion by allowing the prosecution to impeach the defendant with evidence of seven prior convictions. The...
OPINION Justice ROBINSON, for the Court. The defendant, Timothy Scanlon, appeals from a Superior Court order denying his motion to reduce his sentence, which motion was filed pursuant to Rule 35(a) of the Superior Court Rules of Criminal Procedure. On appeal, the defendant argues that the trial court erred (1) in refusing to consider sentences that had been meted out to persons who the defendant contends were "similarly situated" to him and (2) by failing to afford him leniency in view of his...
OPINION Justice GOLDBERG, for the Court. This case came before the Supreme Court on September 27, 2011, on appeal by the defendant, Brian D. Dennis (defendant or Dennis), from a Superior Court order upholding a determination by the Sex Offender Board of Review (the board) classifying him as a Level III, high risk, sexual offender under G.L.1956 chapter 37.1 of title 11, the Sexual Offender Registration and Community Notification Act (the act). 1 According to the defendant, the objective risk...
OPINION Justice GOLDBERG, for the Court. On September 11, 2008, a jury found the defendant, Emmanuel T. Karngar (Karngar or defendant), guilty of breaking and entering into the apartment of his on-again-off-again girlfriend, Kaitlin McCarthy (McCarthy). The defendant filed a motion for a new trial, asking the court to determine that because of the complaining witness's contradictory statements, her testimony was not worthy of belief and that therefore a new trial was warranted. This case...
ORDER This attorney disciplinary matter is before the Court pursuant to a petition filed by Disciplinary Counsel requesting that the respondent, Robert S. Ciresi, be suspended from the practice of law in this state. On August 19, 2010, the respondent was charged in a multicount superseding indictment filed in the United States District Court for the District of Rhode Island, with conspiracy (count 1); giving a bribe to an agent of an organization receiving Federal Funds; aiding and abetting (...
OPINION Justice ROBINSON for the Court. The applicant, Anthony DeCiantis, appeals from a judgment of the Superior Court dismissing his application for postconviction relief. On appeal, the applicant contends that the hearing justice erred in four respects: (1) in incorrectly "characterizing" the applicant's claim as being "that the state wrongfully failed to disclose only one of William Ferle's charged crimes;" 1 (2) by erroneously "ruling that the [s]tate had no obligation to inform the [...
OPINION Chief Justice SUTTELL, for the Court. The defendant, Michael English, appeals from a Superior Court judgment of conviction adjudicating him a violator of probation. The Superior Court found that the defendant violated the conditions of his probation by not adhering to the terms of a no-contact order. This case came before the Supreme Court for oral argument pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be...
OPINION Chief Justice SUTTELL, for the Court. A police surveillance operation at the intersection of Gallup Street and Gordon Avenue in Providence led to the conviction of the defendant, Geornando Vargas, for one count of delivery of a controlled substance. On appeal, the defendant argues that the trial justice erred by denying his motion for judgment of acquittal because the evidence presented by the state amounted to an improper pyramiding of inferences and therefore was legally...
OPINION Justice FLAHERTY, for the Court. This case came before the Supreme Court on May 10, 2011, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. After hearing the arguments of counsel and reviewing the memoranda of the parties, we are satisfied that cause has not been shown. Accordingly, we shall decide the appeal at this time without further briefing or argument. For the reasons set forth in this...
OPINION Justice GOLDBERG, for the Court. This case came before the Supreme Court on May 10, 2011, on appeal by the defendant, Viroth Phannavong (defendant or Phannavong), from a judgment of conviction in the Providence County Superior Court. The defendant was convicted of three counts of child molestation—one first degree and two second degree—against his former girlfriend's daughter, Jane (complainant or Jane). 1 On the first-degree count, Phannavong was sentenced to forty years at the...
OPINION Justice FLAHERTY, for the Court. "He said a dog that doesn't listen is no good." 1 The defendant, Edgar Goulet, was serious when he uttered those words, because shortly after saying them on May 1, 2006, he used a .22-caliber rifle to kill his dog, Sparky. After an investigation, the State of Rhode Island charged the defendant with one count of malicious killing of an animal and one count of possession of a sawed-off shotgun. On May 12, 2008, after a four-day jury trial, Mr. Goulet...
OPINION Chief Justice SUTTELL, for the Court. The defendant, Shianna Kelly, was found guilty by a jury of entering a dwelling with the intent to commit larceny. She now appeals on the sole ground that the trial justice erred in denying her motion for a new trial. This case came before the Supreme Court for oral argument pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. After reviewing the record and...
AMENDED OPINION Justice GOLDBERG, for the Court. The defendant, Gerald Lynch (Lynch or defendant), is before the Supreme Court on appeal from a conviction of four counts of first-degree sexual assault, for which he was sentenced to twenty years at the Adult Correctional Institutions (ACI), ten years to serve, on each count, all sentences to run concurrently. The defendant alleges that the trial justice erred in denying his motion for judgment of acquittal and, in the alternative, his motion...
OPINION Justice FLAHERTY, for the Court. On October 25, 2001, the president of Ocean State Job Lot, Marc Perlman, entered one of the company's stores, and, after expressing his displeasure over the placement of a price sticker, forcefully attached the sticker to the shoulder of the plaintiff employee, Irene DaPonte. The plaintiff filed suit in the Superior Court under the provisions of G.L.1956 9-1-28.1(a)(1), alleging a violation of her right to privacy through an unreasonable intrusion on...
OPINION Justice GOLDBERG, for the Court. The defendant, Gerald Lynch (Lynch or defendant), is before the Supreme Court on appeal from a conviction of four counts of first-degree sexual assault, for which he was sentenced to twenty years at the Adult Correctional Institutions (ACI), ten years to serve, on each count, all sentences to run concurrently. The defendant alleges that the trial justice erred in denying his motion for judgment of acquittal and, in the alternative, his motion for a new...
