State v. Franco
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The Supreme Court affirmed the judgment of the superior court convicting Defendant of three counts of first-degree child molestation sexual assault, holding that Defendant's argument alleging an instructional error was waived and that the trial justice did not err in denying Defendant's motion for a new trial.
On appeal, Defendant asserted that the trial justice erred in failing to grant a mistrial or to strike the complaining witness's testimony and exacerbated the error by instructing the jury to disregard a portion of the complaining witness's testimony and that the trial justice erred in denying his motion for a new trial. The Supreme Court affirmed, holding (1) Defendant waived his argument as to the denial of the motion for a mistrial and motion to strike and further waived his contention that the trial justice compounded the alleged error; and (2) the trial justice did not overlook or misconceive material evidence and was not otherwise clearly wrong when he denied Defendant's motion for a new trial.
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