State v. Kluth
2012 R.I. LEXIS 126
| R.I. | 2012Background
- Defendant John Kluth was convicted of 30 counts of obtaining money by false pretenses after a consolidated trial in Rhode Island.
- Seventeen informations were filed across four Rhode Island superior courts, alleging similar larceny-by-false-presense schemes involving lobsters and truck breakdown narratives.
- A Providence County Superior Court judge transferred venue to Providence County, citing judicial economy and resources.
- The court consolidated 39 counts for trial under Rule 13, basing the decision on a common plan or scheme and potential Rule 404(b) evidence to be admissible.
- Defense challenged venue transfer, Rule 8(a) joinder, and potential severance under Rule 14; the trial court and appellate court rejected these challenges, affirming the convictions.
- Restitution totaling $8,230 was ordered in addition to the sentence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether venue transfer to Providence County was proper | Prosecutor argued transfer was permissible under § 12-3-4(b) for judicial economy | Defense claimed improper venue as a rule against cavalier transfer | Yes; transfer sustained as sustainable exercise of discretion |
| Whether joinder under Rule 8(a) and consolidation under Rule 13 were proper | Joinder evidenced common scheme; offenses were same or similar character | Joinder prejudicial; severance should be granted | Yes; joinder and consolidation proper; no reversible abuse of discretion |
| Whether Rule 14 severance was properly preserved and denied | — | Rule 14 not raised below; severance denied on waiver grounds | Waived for appellate review; severance ruling would not change outcome; no reversible error |
Key Cases Cited
- State v. Day, 898 A.2d 698 (R.I. 2006) (two-step joinder analysis; de novo Rule 8(a) review; Rule 13 discretion thereafter)
- State v. Hernandez, 822 A.2d 915 (R.I. 2003) (Rule 13 discretion; abuse standard; Rule 8(a) joinder)
- State v. Rice, 755 A.2d 137 (R.I. 2000) (de novo Rule 8(a) joinder review)
- State v. Pereira, 973 A.2d 19 (R.I. 2009) (Rule 8(a) joinder: similar character offenses may join)
- State v. Goulet, 21 A.3d 302 (R.I. 2011) (Rule 14 severance considerations; prejudice analysis)
- State v. Lassor, 555 A.2d 339 (R.I. 1989) (severance discretion standard)
- State v. Verrecchia, 766 A.2d 377 (R.I. 2001) (principles on prejudice and joinder)
- State v. Figuereo, 31 A.3d 1283 (R.I. 2011) (raise-or-waive rule exceptions; constitutional dimension)