State v. Barboza
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The Supreme Court affirmed Defendant's conviction of second-degree child molestation sexual assault, holding that the trial justice did not err in denying Defendant's motion for a mistrial.
On appeal, Defendant argued that the State posed a question to the complaining witness that was highly prejudicial and violated a pretrial order, and therefore, his motion for a mistrial was improperly denied. The Supreme Court affirmed, holding (1) there was nothing in the record to suggest that the jurors could have been so inflamed by the brief exchange such that they would be unable to examine the evidence in a calm and dispassionate manner; and (2) therefore, the superior court did not err in denying Defendant's motion for a mistrial.
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