66 A.3d 406
R.I.2013Background
- Price was charged with one count of second degree sexual assault and one count of child enticement on October 30, 2008.
- Trial began June 10, 2009; six witnesses testified; defendant did not present defense testimony.
- Jury found Price not guilty of second degree sexual assault but guilty of child enticement.
- Price’s first motion for a new trial challenged insufficiency/credibility; trial judge denied.
- Price’s second motion for a new trial based on newly discovered evidence (medical records) was denied after in-camera review.
- Price was found in contempt at an October 15, 2009 hearing for courtroom outburst; sentencing followed on November 10, 2009.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether denial of the first motion for a new trial was proper | State contends evidence supported the verdict; waives insufficiency challenge | Price argues insufficient evidence to support enticement | Affirmed; insufficiency appeal waived; weight of evidence review applied |
| Whether denial of the second motion for a new trial based on newly discovered evidence was proper | Records would not have changed outcome; impeachment only | Medical records could contain exculpatory material affecting credibility | Affirmed; records not likely to produce different outcome; not admissible for goal of new trial |
| Whether the contempt finding was proper | Contempt appropriate for disruptive courtroom conduct | Outburst was emotional, not contemptuous | Affirmed; contempt finding proper; summary punishment allowed in open court |
Key Cases Cited
- State v. Kluth, 46 A.3d 867 (R.I. 2012) (raise-or-waive rule for issues not preserved)
- State v. Lynch, 854 A.2d 1022 (R.I. 2004) (insufficiency and weight-of-the-evidence distinctions in new-trial motions)
- State v. Colbert, 549 A.2d 1021 (R.I. 1988) (preservation requirements for new-trial challenges)
- State v. Scanlon, 982 A.2d 1268 (R.I. 2009) (preservation and posture of new-trial challenges)
- State v. Bido, 941 A.2d 822 (R.I. 2008) (weight-of-the-evidence standard for new-trial motions)
- State v. Woods, 936 A.2d 195 (R.I. 2007) (new trial based on newly discovered evidence; dual-prong standard)
- State v. Hazard, 797 A.2d 448 (R.I. 2002) (standard for reviewing denial of newly discovered-evidence motions)
- Nestel v. Moran, 513 A.2d 27 (R.I. 1986) (summary contempt authority in limited circumstances)
- In re Oliver, 333 U.S. 257 (U.S. 1948) (open-court contempt authority and immediacy)
- U.S. v. Browne, 318 F.3d 261 (1st Cir. 2003) (emotional courtroom conduct and contempt standards)
- U.S. v. Marshall, 371 F.3d 42 (2d Cir. 2004) (summary contempt justification for disruptive conduct)