State v. Bolduc

Summary

The Rhode Island Supreme Court affirmed Raymond C. Bolduc’s conviction for simple assault. The court held that the trial justice did not abuse his discretion in denying a mistrial after the complaining witness suffered a seizure during cross-examination, and properly denied a new trial based on the jury’s credibility determinations and the evidence supporting the verdict.

Holdings

1. The trial justice did not abuse his discretion in denying the motion for a mistrial because he assessed the seizure's potential prejudicial impact and gave a clear instruction directing the jury not to consider the seizure or allow sympathy to influence its decision.
2. The trial justice properly denied the motion for a new trial because the jury and trial justice reasonably credited the victim's testimony, and the trial justice was neither clearly wrong nor shown to have overlooked or misconceived material evidence.

Questions Presented

1. Whether the trial justice abused his discretion by denying a mistrial after the complaining witness suffered a seizure during cross-examination.
2. Whether the trial justice erred in denying a new trial on the ground that the evidence was insufficient to support the verdict and the victim's testimony was not credible.

Disposition

affirmed