State v. Kelly, 20 A.3d 655

Defendant Shianna Kelly was charged with entering a dwelling with intent to commit larceny and with larceny over $500.
The incident occurred at the first-floor apartment of Raymond Thimes in Providence, after a birthday party attended by Kelly and others.
Police and owner Waite reviewed surveillance footage showing two women carrying items from Thimes's apartment; Thimes identified Kelly in the footage.
Waite and Thimes provided testimony, and the state sought to authenticate the DVD and photographs via Waite.
Rule 16 discovery issues arose when Waite was disclosed late; the trial court allowed Waite to testify for authentication and granted a one-day continuance to prepare for cross-examination.
The jury found Kelly guilty of entering with intent to commit larceny and not guilty of larceny over $500; a motion for a new trial was denied, and Kelly was sentenced.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the denial of the motion for a new trial was proper.	Kelly contends the verdict was against the weight of the evidence and the trial judge failed to articulate independent credibility assessment.	Kelly argues the court gave inadequate rationale and misapprehended the evidence and witness credibility.	affirmed; trial judge conducted proper independent jury-thirteenth juror review and substantial weight supported denial
Whether the admission of Waite's testimony and the DVD, and the related Rule 16 issues, requires reversal.	Kelly asserts Rule 16 nondisclosure tainted authentication and identification evidence.	State argues inadvertent nondisclosure and limited testimony were properly managed and the DVD authenticated.	affirmed; lack of preservation controls and trial court did not abuse discretion in balancing discovery and authentication

State v. Prout, 996 A.2d 641 (R.I.2010) (thirteenth juror standard for motions for a new trial)
State v. Bergevine, 942 A.2d 974 (R.I.2008) (degree of deference to trial court on new-trial motions)
State v. Gomez, 848 A.2d 221 (R.I.2004) (sufficiency of weight of the evidence standard for new trials)
State v. Rivera, 987 A.2d 887 (R.I.2010) (credibility determinations and appellate review)
State v. McManus, 990 A.2d 1229 (R.I.2010) (preservation of issues and waiver rules)