Summary
The Rhode Island Supreme Court affirmed Nayquan Gadson’s conviction for second-degree robbery. The court held that Gadson failed to preserve his challenge concerning the jury’s treatment of the lesser-included larceny charge and rejected his arguments regarding joinder and severance of a codefendant’s firearm charge and the admission of evidence connecting him to the firearm used in the robbery.
Topics
Practice areas
Questions Presented
- Whether the trial court should have dismissed the second-degree robbery charge based on the jury foreman's initial oral announcement concerning the lesser-included offense of larceny from the person.
- Whether the trial court abused its discretion by refusing to sever the codefendant's handgun-possession charge from the charges tried against Gadson.
- Whether Gadson preserved his challenge to the denial of his motion in limine seeking to exclude evidence of an alleged connection between him and the firearm used in the robbery.
Holdings
- The issue was not preserved for appellate review because defense counsel did not argue below that the alleged not-guilty announcement on the lesser-included offense required acquittal on the greater offense and expressly agreed that the lesser charge was of no moment after the second-degree robbery conviction.
- The joinder of the handgun-possession charge was proper under Rule 8, and the trial justice did not abuse his discretion under Rule 14 by denying severance because Gadson failed to demonstrate substantial prejudice or denial of a fair trial.
- The evidentiary challenge was not preserved because the trial court's in limine ruling was not unequivocally definitive and defense counsel did not renew the objection during trial.
Key quotations
“This Court has repeatedly stated that severance under Rule 14 is “not a matter of right but rather is an issue directed to the sound discretion of the trial justice.”” (-13-)
“It is not sufficient for the defendant to cite the potential for and the likelihood of prejudice. His burden is to demonstrate substantial prejudice resulting from the joinder.” (-15-)
Factual background
On January 13, 2009, Paul Moran and Joan Kovacs were robbed in Providence by men approaching their vehicle. Terrell Judd testified that Gadson participated in planning and carrying out the robbery, including taking Kovacs's purse, while Judd displayed a silver revolver. Police later apprehended Gadson near the abandoned getaway vehicle, and a revolver matching the description was recovered. The trial evidence also included a separate handgun-possession charge against codefendant Stokes arising from the preceding day.
Procedural history
Gadson and codefendant Michael Stokes were charged in a multi-count indictment arising from a robbery. The Superior Court denied Gadson's motion to sever the codefendant's handgun charge and denied his motion in limine concerning evidence connecting him to the firearm. During trial, the court granted Gadson's Rule 29 motion as to conspiracy and reduced the robbery charge from first-degree to second-degree robbery. The jury convicted Gadson of second-degree robbery, and the Superior Court denied his motion for a new trial and sentenced him to thirty years, with twelve years to serve and the balance suspended with probation. The Supreme Court affirmed.
Remand instructions
The record was remanded to the Providence County Superior Court.