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Justia Daily Opinion Summaries

Rhode Island Supreme Court
January 17, 2020

Table of Contents

State v. Bozzo

Civil Rights, Constitutional Law, Criminal Law

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Rhode Island Supreme Court Opinions

State v. Bozzo

Docket: 17-220

Opinion Date: January 15, 2020

Judge: Maureen McKenna Goldberg

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court vacated Defendant's judgment of conviction on one count of first-degree child molestation sexual assault and remanded the case to the superior court for a new trial, holding that the trial justice erred in denying Defendant's motion to pass the case after the prosecutor's statements during closing argument about Defendant's courtroom demeanor and behavior toward the complainant. Specifically, the Court held (1) the prosecutor's statements regarding Defendant's courtroom demeanor had the potential for unfair prejudice, and a curative instruction could not overcome the prejudice in this case; (2) the trial justice erred in admitting some, but not all, of the evidence pertaining to a police investigation into Defendant for possession of child pornography; and (3) Defendant's claim that the trial justice erred in failing to safeguard Defendant's right to a fair trial based on various claims related to the presence of members of a motorcycle group known as Bikers Against Child Abuse in the courtroom during trial was not properly before the court.

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