State v. Heredia, 10 A.3d 443

In the early morning of Aug. 31, 2003, Ortega and Chattelle fight at the Keg Room; Ortega is escorted out.
Outside, Ortega is attacked; witnesses say Heredia initially yelled but soon joined and attacked Ortega.
Ortega is repeatedly kicked and struck, including with a bottle; several participants assault him.
After police and bystanders intervene, Ortega and a friend depart; they are ambushed near Friendship and Richmond Streets.
Heredia, Chattelle, Texieira and others kick and punch Ortega; Ortega collapses and dies from blunt-force head trauma.
Heredia was convicted of second-degree murder; on appeal, he challenges a judgment of acquittal and a new-trial denial; Rhode Island Supreme Court affirms.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there sufficient evidence to convict as principal or aider/abettor?	Heredia: insufficient beyond reasonable doubt.	State: substantial participation suffices for liability.	Yes; substantial evidence supported conviction.
Was the denial of the new-trial motion proper given malice evidence?	Heredia: no proof of malice; verdict unsupported.	State: malice inferred from circumstances; proper conviction.	Yes; trial court’s denial affirmed.
Did the trial court correctly apply the standard of review for judgments of acquittal on appeal?	Heredia: standard misapplied; insufficiency shown.	State: proper standard used; credibility weighed; rational verdict.	Yes; standard properly applied and upheld.

State v. Texieira, 944 A.2d 132 (R.I. 2008) (conviction not require fatal blow by defendant; partial cause suffices)
Imbruglia, 913 A.2d 1022 (R.I. 2007) (thirteenth juror standard for new-trial review)
Morales, 895 A.2d 114 (R.I. 2006) (trial judge weighs credibility and evidence for new trial)
Horton, 871 A.2d 959 (R.I. 2005) (weight given to trial court’s factual determinations on appeal)
Rodriguez, 996 A.2d 145 (R.I. 2010) (standard for sufficiency of evidence on judgment of acquittal)