State v. Jimenez

882 A.2d 549 (R.I. 2005) · Supreme Court of Rhode Island · June 24, 2005 · No. No. 2003-640-C.A.

Summary

The Rhode Island Supreme Court affirmed Mariano Jimenez's convictions for first-degree murder, felony assault, and carrying a pistol without a license. The court held that cross-examination about Jimenez's prior experience with the specific firearm was relevant to his claim that the fatal shooting was accidental and did not constitute reversible error. The court also held that the evidence of intoxication did not warrant a diminished-capacity manslaughter instruction.

Holdings

  1. The trial justice did not abuse his discretion by permitting the prosecutor to ask Jimenez about his prior experience firing the particular pistol because the questions were relevant to his claim that the pistol malfunctioned and that the fatal discharge was accidental.
  2. The trial justice properly refused to instruct the jury on diminished-capacity manslaughter because the evidence did not permit a reasonable jury to find that Jimenez's intoxication rendered him incapable of forming the specific intent necessary for murder.

Questions Presented

  1. Whether the trial justice abused his discretion by allowing cross-examination concerning Jimenez's prior experience firing the particular pistol used in the shooting.
  2. Whether the trial justice erred by refusing to instruct the jury on diminished-capacity manslaughter based on voluntary intoxication.

Disposition

affirmed

Cases Cited (19)

  • State v. Sivo, 809 A.2d 481, 490 (R.I. 2002)(followed)
  • State v. Roderigues, 656 A.2d 192, 194 (R.I. 1995)(cited)
  • State v. Benevides, 420 A.2d 65, 69 (R.I. 1980)(followed)
  • State v. Jalette, 119 R.I. 614, 624, 627, 382 A.2d 526, 531, 533 (1978)(followed)
  • State v. Brash, 512 A.2d 1375, 1382 (R.I. 1986)(followed)
  • State v. Neri, 593 A.2d 953, 956 (R.I. 1991)(cited)
  • State v. Bettencourt, 723 A.2d 1101, 1107 (R.I. 1999)(cited)
  • State v. Toole, 640 A.2d 965, 972 (R.I. 1994)(cited)
  • State v. Evans, 618 A.2d 1283, 1284 (R.I. 1993)(distinguished)
  • State v. Hockenhull, 525 A.2d 926, 930 (R.I. 1987)(followed)

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