Supreme Court

Criminal Case Summaries 2017

2017-388 State v. Zachary Charlwood (show cause)

This case, which is before the Court on writ of certiorari, presents a question of first impression before this Court: Do the sealing provisions found at §§ 12-1-12 and 12-1-12.1 apply to a non-criminal violation charge of driving with a suspended license, pursuant to § 31-11-18? The defendant asks this Court to review an order denying his motion to seal records. Defendant asserts that the District Court trial judge erred because: (1) a prior order granting defendant’s motion to seal was still in full force and effect; (2) she did not have authority to sua sponte vacate the pre-existing order absent a motion by either defendant or the state; and (3) defendant is entitled to the sealing of his record pursuant to § 12-1-12(b).

2017-42 State v. Michael Neugent (show cause)

The defendant seeks review of a Superior Court judgment of conviction of assault with a dangerous weapon and resisting arrest. The defendant argues that, based on the evidence presented at trial, his motion for a new trial should have been granted.

2017-351 Adless Desarmours v. State (show cause)

Petitioner appeals from the denial of his application for postconviction relief. He argues that his plea of nolo contendere to possession of cocaine in 1999 must be vacated because he did not make a knowing and voluntary plea. He contends the trial judge failed to adequately explain the rights he was waiving and did not establish that the plea form was explained to him by his legal counsel. He asserts that the trial judge failed to establish a factual basis for his plea, that the prosecutor’s statement about the offense did not demonstrate that the petitioner understood the elements of the offense, and that the doctrine of laches is not applicable.

2017-398 State v. Christopher Forlasto (show cause)

Defendant appeals from the denial of his motion to dismiss one count of first-degree sexual assault, following a jury trial in which a mistrial on this count was declared. On appeal, defendant asserts that the trial judge erred in denying his motion to dismiss based on double jeopardy and also asserts that the trial judge erred in excluding a photograph from evidence for the retrial and in granting the state’s motion to admit evidence of his simple assault conviction from the first trial.

2016-132, 2017-400 State v. Jeffrey Murray (show cause)

Defendant appeals from an adjudication of probation violation and from the denial of his motion to terminate imprisonment. He asserts that the violation hearing judge should have applied the new “fair preponderance of the evidence” standard under the amended § 12-19-18. He also argues that the sentence imposed after the finding of probation violation should have been quashed because the state chose to dismiss the underlying criminal offenses.

2017-312 State v. Daniel Doyle, Jr. (full briefing)

Defendant appeals from a conviction on 18 counts of financial fraud offenses stemming from his role as executive director of the Institute for International Sports. He raises eight issues on appeal, including several challenges to the admission of evidence, the failure to rule on a request for a mistrial and the failure to grant a mistrial, the denial of his motion to suppress illegally obtained evidence, and the denial of his motion for new trial.

2017-164 State v. Francis Guerrero (show cause)

The defendant seeks review of a judgment of conviction on one count of felony assault and one count of possession of a weapon not a firearm. He asserts that the trial judge erred in denying his motion for new trial based on the weight of the evidence, grounded in his claim of self-defense.

2017-357 State v. Jamal Rogers (show cause)

The appeals from a judgment of conviction for five counts of second degree sexual assault. He contends that the trial judge overlooked and misconceived the evidence in denying his motion for a new trial.

2017-288 State v. Joseph B. Silva (show cause)

The defendant appeals from a judgment of conviction for reckless driving. The defendant contends that the trial judge overlooked and misconceived the evidence in denying his motion for a new trial.

2017-358 State v. Jody Johnson (show cause)

The defendant appeals from a judgment of conviction for first degree robbery, conspiracy, and assault with a dangerous weapon in a dwelling house. The defendant argues that his motion for a new trial should have been granted because the jury verdict was against the weight of the evidence. The defendant also challenges his convictions involving a firearm on the basis that the state failed to prove the firearm was operable.

2017-215 State v. Michael D’Amico (show cause)

2017-216

2017-375 State v. Javier Merida (show cause)

The defendant appeals from the denial of his motion to correct sentence under Rule 35 of the Superior Court Rules of Criminal Procedure. He claimed he was entitled to 24 months of credit for time spent in community confinement between 2004 and 2006 before trial.

2017-349 Harold Drew v. State (show cause)

The petitioner appeals from the denial of his application for postconviction relief. He contends that this Court should overturn the denial of his application for postconviction relief due to “missing transcript pages and proceedings in the Superior Court and the appellate Court thereafter.”

2017-220 State v. Henry Bozzo (full briefing)

The defendant appeals from a judgment of conviction for first degree child molestation. He contends that the trial judge erred: in allowing police officer testimony on a child pornography charge; in admitting evidence of his suicide attempt and suicide note; in denying his motion for a mistrial after there was testimony about him taking a polygraph test; and in denying his motion for a mistrial after the prosecutor made certain remarks during closing argument. The defendant further argues that the trial judge erred in failing to give a lesser included offense instruction to the jury, denying his motion for a new trial, and allowing members of Bikers Against Child Abuse to be present in the courtroom.

2017-306 State v. James Dalton (show cause)

The defendant appeals from a judgment of conviction for second degree sexual assault. The defendant contends that the trial judge erred in permitting a police officer to comment on the credibility of the complaining witness. The defendant contends that the police officer’s testimony constituted impermissible bolstering.

2017-89 State v. Ricardo Romero (show cause)

The defendant appeals from conviction on three counts of second-degree child molestation, for which he received three 20-year sentences. On appeal, he asserts that the trial judge erred: (1) in failing to sustain his objection to testimony from the complaining witness’s mother that there were restraining orders in place that prevented the defendant from seeing his children, and in failing to grant his motion to strike that testimony; and (2) in denying his motion for new trial.

2017-104 State v. James Oliviera (show cause)

The defendant appeals from an order denying a motion to reduce his sentence. Defendant was sentenced to life imprisonment as a recidivist child molester. On appeal, defendant asserts that the trial judge violated his due process rights by increasing his sentence after retrial, thereby effectively punishing him for successfully appealing his conviction.

2017-90 State v. Bruce MacNeil (show cause)

The defendant appeals from a judgment of conviction for one count of second-degree sexual assault. The defendant attempted to question the complaining witness on whether he sought professional help. The trial judge sustained the state’s objection. The defendant contends the question was appropriate to test the witness’s credibility. He also contends that the state posed impermissible questions to the defendant’s wife on why she did not speak to the complaining witness or his family about the charged incident, giving rise to an impermissible inference of guilt against him.

2017-206 State v. Yilberto de la Rosa (full briefing)