Supreme Court

Criminal Case Summaries 2018

2018-134 State v. Malcolm Querido (show cause)

This state appeals from an order granting the defendant’s motion to suppress DNA evidence. The evidence at issue was from a buccal swab from the defendant, taken while he was incarcerated at the ACI, pursuant to a search warrant. On appeal, the state asserts that the trial judge erred in granting the motion, which was based on a finding that the state used unreasonable force to obtain the buccal swab.

2018-191 State v. Edilsar Alvarado (show cause)

Defendant appeals from a judgment of conviction on two counts of first-degree child molestation. Defendant asserts that the trial judge erred: (1) in denying his motion to suppress statements made to the state police; (2) in denying his motion to pass the case, based on a Rule 16 discovery violation; and (3) in denying his Rule 29(b) motion to dismiss, as to counts 1 and 2 of the indictment.

2018-290 In re Joseph Lamontagne (show cause)

The defendant appeals from an order adjudicating him in criminal contempt. The defendant contends that his exclamations during sentencing did not warrant a finding of criminal contempt, and that he should have been given an opportunity to respond prior to the contempt finding. He also claims that the sentence imposed for his criminal contempt was unlawful.

2018-277 State v. Brittany Ann Michaud (full briefing)

The defendant appeals from a Family Court conviction after a bench trial for cruelty or neglect of a child, in violation of § 11-9-5. The defendant claims that the trial justice erred by accepting her jury trial waiver, and in finding her guilty of habitual neglect.

2018-293 State v. Lisa Ricker (full briefing)

The defendant appeals from a judgment of conviction on one count of driving under the influence. The defendant claims that the trial justice erred in denying her motion for a new trial and in limiting her cross-examination of the arresting police officer.

2018-240 State v. Juan Benitez (full briefing)

Defendant appeals from a conviction on one count of second-degree child molestation. He asserts the trial judge erred in allowing a doctor to testify about hearsay statements made to her by the complaining witness and in allowing the state to impeach a witness with a statement that the witness did not author, sign, or review.

2018-234 State v. Matthew Sheridan (full briefing)

Defendant appeals from a judgment of conviction on one count of first-degree sexual assault. He argues the trial judge abused his discretion and erred by allowing a doctor to testify because the state failed to timely disclose her identity and the nature of her testimony, her testimony was not relevant, and her testimony invaded the province of the jury. Also, defendant argues the prosecutor prejudiced the jury during voir dire by referring to the complainant as a victim and during closing by arguing that defendant groomed the complainant. He also argues the trial judge overlooked and misconceived material evidence when he denied his new trial motion.

2018-263 State v. Stephen Mattatall (show cause)

The defendant appeals from the denial of his motion to reduce or correct an illegal sentence. He contends the judgment of conviction was illegal because it directed that the 18-year non-parolable habitual offender sentence be served first instead of the first 10 years of the second-degree murder conviction.

2018-138 State v. Josephine Medina (show cause)

The defendant seeks review of a Superior Court judgment of conviction of domestic felony assault, to wit, a knife. The defendant argues that the trial judge erred when she precluded three videos showing the complaining witness in specific aggressive acts and evidence that the complaining witness had previously been arrested for possession of firearms.

2018-64 State v. Andrew Smith (full briefing)

Defendant from a conviction on one count of possession of child pornography. On appeal, he asserts that the trial judge erred: (1) in summarily forbidding him from making an opening statement, (2) in instructing the jury that the parties had stipulated that the images entered into evidence depicted minors “engaged in sexually explicit conduct,” and (3) in denying his motion for new trial.

2018-131 State v. Michael Narcovich (full briefing) 2018-132

Defendant appeals his conviction on three counts of violation of a no contact order, two counts of felony assault, one count of leaving the scene of an accident, and one count of driving to endanger, with injury resulting. He asserts that the trial judge erred: (1) when he instructed the jury that it could consider defendant’s intoxication to support the charge of driving to endanger, resulting in physical injury, when there was no evidence of defendant’s intoxication adduced at trial; (2) in failing to merge two separate counts of violation of a no contact order, which stemmed from the same continuous contact; and (3) in denying defendant’s motion for new trial.

2018-27 State v. Ralph Reisner (full briefing)

The defendant appeals from a judgment of conviction for possession of child pornography. The defendant challenges the denial of his motion to suppress evidence seized from his home, arguing that there was no probable cause to support the issuance of a search warrant. He also claims that the trial justice should have granted his motion for a mistrial based on the prosecutor’s reference to excluded evidence during his opening statement.

2018-41 State v. Lamech Cotton (show cause)

Defendant appeals from a judgment of probation violation. He argues that the evidence was insufficient to prove that he failed to keep the peace and be of good behavior because the witness was not credible or reliable. Also, he argues that execution of four years to serve was excessive.

2018-21 State v. Nicholas Haffner (full briefing)

Defendant appeals from a conviction after a jury trial on one count of assault with a dangerous weapon and one count of driving under the influence. He argues the instruction on aiding and abetting was erroneous because the evidence only supported criminal liability as a principal. He also argues that the trial judge committed reversible error during the hearing conducted pursuant to Missouri v. Frye. Finally, he asserts that his second trial was barred by double jeopardy.

2018-151 State v. Joel Najera (show cause)

The defendant appeals from a judgment of conviction for felony assault with a machete and vandalism to a car window and a basement window. On appeal, he argues that the trial judge erred when he denied his motion for a new trial.

2018-14 State v. Anthony Parillo (full briefing)

Defendant appeals from a conviction on one count of felony assault and one count of simple assault. He now argues that the conviction was based on an impermissible pyramiding of inferences, that the judge improperly rejected a reasonable hypothesis of innocence, that the judge erred in finding that defendant had adequate time as events were unfolding to share in the principal actor’s criminal intent, that the judge failed to provide notice of the aiding and abetting charge, thereby prejudicing defendant’s waiver of his right to a jury trial, and that the judge erred in depriving defendant of his right to a neutral judge when he acted as a second prosecutor against him.

2018-100 State v. Richard Paiva (show cause)

The defendant appeals from an order denying his motion to correct his sentence. The issue on appeal concerns the habitual offender portion of defendant’s sentence and the restriction on his eligibility for parole.