State v. Figuereo

Summary

The Rhode Island Supreme Court affirmed Raquel Figuereo's shoplifting conviction. The court held that the defendant waived on appeal her claim that the jury should have been instructed that eyewitness certainty is not a reliable indicator of accuracy because that specific instruction was not requested at trial. The court further held that the instructions given adequately conveyed that the identification witness could be mistaken and properly addressed factors affecting identification accuracy.

Holdings

1. The defendant waived review of the contention that the jury should have been instructed that eyewitness certainty is not a reliable indicator of eyewitness accuracy because she did not request that instruction, or that proposition, in the trial court.
2. The trial justice did not err by declining to use the defendant's requested wording because the instructions as given adequately covered the law and conveyed that jurors could reject the identification testimony of a confident witness as mistaken.

Questions Presented

1. Whether the Supreme Court could review the defendant's appellate contention that the jury should have been instructed that eyewitness certainty is not a reliable indicator of eyewitness accuracy when that precise instruction was not requested at trial.
2. Whether the trial justice erred by refusing to give the defendant's requested instruction that a confident identification witness may nevertheless be mistaken.

Disposition

affirmed