State v. Gordon
2011 R.I. LEXIS 133
R.I.2011Background
- Jill, a daycare worker and mother, reported to Bristol police on Oct. 4, 2007 that she had been sexually assaulted by Edward Gordon.
- On Oct. 5, 2007, police obtained a search warrant for Gordon's apartment issued by Superior Court Magistrate William McAtee.
- On Dec. 7, 2007, a grand jury indicted Gordon on two counts of first-degree sexual assault, one count of kidnapping, and one count of second-degree sexual assault.
- Gordon moved to suppress the evidence seized during the search, arguing McAtee had no authority to issue the warrant; the trial court denied the motion.
- At trial (May 19, 2009), Gordon was convicted of second-degree sexual assault, acquitted on the two first-degree counts, and the kidnapping charge was deadlocked.
- Gordon moved to dismiss the kidnapping charge; the trial court denied; Gordon appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Authority of the magistrate to issue the warrant | Gordon asserts McAtee lacked authority to issue a warrant. | State contends administrator/magistrate powers authorize warrant issuance. | Magistrate McAtee had authority to issue the warrant. |
| Double jeopardy on retrial for kidnapping | Retrial after mistrial for kidnapping violates double jeopardy. | Retrial permissible if mistrial due to genuine deadlock and discretion exercised. | Retrial did not violate double jeopardy; the jury was genuinely deadlocked and the trial judge acted within discretion. |
Key Cases Cited
- State v. Grabowski, 644 A.2d 1282 (R.I. 1994) (double jeopardy and deadlock principles for retrials)
- State v. Diaz, 521 A.2d 129 (R.I. 1987) ( Rhode Island double jeopardy framework)
- Torres, 524 A.2d 1120 (R.I. 1987) (general double jeopardy principles)
- United States v. Perez, 22 U.S. (9 Wheat.) 579 (U.S. 1824) (sound discretion standard for declaring mistrial where warranted)