State v. Arciliares

by
The Supreme Court quashed the order of the superior court finding Defendant guilty of one count of second-degree murder and one count of discharging a firearm while committing a crime of violence, holding that the trial justice erred in granting Defendant’s motion for a new trial by exceeding the scope of this Court’s remand order.After Defendant was convicted, he timely appealed to the Supreme Court but ultimately moved to remand the matter to the superior court for a new trial in light of newly discovered evidence. The Supreme Court granted the motion, and on remand, the trial justice granted Defendant’s motion for a new trial on the ground set forth in his supplemental memoranda - that the trial justice’s jury instructions regarding involuntary manslaughter were improper under State v. Diaz, 46 A.3d 849 (R.I. 2012). The Supreme Court quashed the superior court’s order, holding that the trial justice did not have the authority to consider Defendant’s new-trial arguments based on Diaz, as the arguments fell outside the four corners of the original remand order. View "State v. Arciliares" on Justia Law