State v. Kevin Storey

Summary

The Rhode Island Supreme Court affirmed Kevin Storey's convictions for assault with a dangerous weapon and simple assault and battery. The court rejected challenges to the denial of his motions for judgment of acquittal and a new trial, the limitation of cross-examination concerning custody issues, and the legality of his sentence. The court held that the evidence supported treating the use of hands in choking the victim as assault with a dangerous weapon and declined to review the sentence on direct appeal.

Holdings

1. The trial justice properly denied the motion for a new trial because she independently assessed the evidence and witness credibility, agreed with the jury's verdict, and did not overlook or misconceive material evidence or act clearly wrong.
2. Hands may constitute a dangerous weapon when used in a manner likely to produce substantial bodily harm; the relevant inquiry is whether serious bodily injury may have resulted, not whether it actually resulted.
3. The trial justice did not abuse her discretion by excluding cross-examination concerning Saleeba's prior custody issues because the subject was irrelevant to the charges.
4. The sentence claim was not properly before the Supreme Court because challenges to the validity or legality of a sentence must ordinarily begin in the Superior Court under Rule 35, and Storey showed no extraordinary circumstances.

Questions Presented

1. Whether the trial justice properly denied Storey's motion for a new trial and motion for judgment of acquittal where the evidence supported the finding that he used his hands as a dangerous weapon.
2. Whether the trial justice improperly limited Storey's cross-examination of Saleeba concerning prior custody issues involving her two older sons.
3. Whether the Supreme Court could review the legality of Storey's sentence on direct appeal.

Disposition

affirmed