State v. Enos
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Defendant James Enos dated Mary for six months before they separated. After their separation they met at a restaurant where defendant began swearing at Mary. Defendant then hit Mary on the head with drinking glasses and kicked her. Defendant was convicted of domestic assault with a dangerous weapon. Defendant appealed, arguing (1) that the evidence presented by the state was legally insufficient for a reasonable juror to conclude that defendant and Mary were in a domestic relationship; and (2) the trial justice erred when she refused to declare a mistrial after a police officer testified that after defendant was informed of his Miranda rights defendant remained silent. The Supreme Court affirmed, holding (1) the evidence, overall, indicated that defendant and Mary were in a substantive dating relationship and therefore the trial justice correctly denied defendant's motion for a judgment of acquittal; and (2) the trial justice was not clearly wrong when she denied the defendant's motion for a mistrial and instead opted to instruct the jury to disregard the officer's unsolicited remark.
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