State v. Gianquitti, 2011 R.I. LEXIS 81

Gianquitti was convicted in Providence County Superior Court of second-degree murder and using a firearm during a crime of violence.
The murder conviction carried forty years with twenty to serve, plus a mandatory life sentence consecutive to the firearm conviction.
The events occurred when Pagano family members confronted Gianquitti at his home after an earlier exchange; during the confrontation Gianquitti shot James Pagano, who later died.
Gianquitti testified a different version of events, claiming James lunged at him and he acted in self-defense after fearing for his life.
At trial, Gianquitti sought a jury instruction under § 11-8-8 (rebuttable presumption of reasonable self-defense) based on alleged unlawful breaking and entering, which the trial justice denied.
Gianquitti also sought to admit expert testimony from Dr. Lewinski on deadly force timing, but the court excluded it on a preliminary basis prior to trial, and the issue was not renewed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether § 11-8-8 instruction was properly denied	Gianquitti; §11-8-8 should apply given breaking and entering evidence.	State; no break occurred through open door; no presumption applies.	No error; court declined instruction.
Whether exclusion of Dr. Lewinski’s testimony was proper	Gianquitti; expert testimony supports self-defense theory.	State; ruling was preliminary and not renewed; issue waived.	Issue waived; trial court's exclusion affirmed.

State v. Fuller-Balletta, 996 A.2d 133 (R.I.2010) (mixed question of law and fact; deference to trial court on factual findings)
State v. Simpson, 611 A.2d 1390 (R.I.1992) (break under § 11-8-2 involves removal of an obstruction)
State v. Stone, 924 A.2d 773 (R.I.2007) (admissibility of expert testimony within trial court's discretion)
Laverty v. Pearlman, 654 A.2d 696 (R.I.1995) (abuse of discretion standard for expert testimony)
Mosby v. Devine, 851 A.2d 1031 (R.I.2004) (Castle Doctrine recognized as exception to retreat duty)
Cerilli v. Newport Offshore, Ltd., 612 A.2d 35 (R.I.1992) (standard for reviewing trial court evidentiary rulings)