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54 A.3d 965
R.I.
2012
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Background

  • Ricci was charged by indictment with burglary, robbery in the first degree, and assault on a person over sixty, related to December 18, 2009, events at Quinn's North Kingstown home.
  • The State also pursued Ricci as a habitual offender under G.L. 1956 § 12-19-21.
  • A Washington County Superior Court jury convicted Ricci on all three counts on September 30, 2010; sentencing followed with concurrent terms and a consecutive habitual-offender sentence.
  • Key witnesses included Quinn (72-year-old at trial) describing the assault, Britny Loiselle (prostitute) with Ricci two nights prior, French (Ricci’s friend) who recanted then recounted the events, and two NK police officers who investigated the scene.
  • During trial, issues arose over Quinn’s ability to identify by sight versus voice, Loiselle’s drug-use history, and the credibility-focused jury instructions, including proposed Instruction 3 and a Drug-Use Instruction.
  • Ricci sought a new trial arguing weight of the evidence and credibility issues; the trial judge denied, and Ricci appealed to the Rhode Island Supreme Court.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether the jury instructions adequately addressed witness credibility and memory Ricci contends Instruction 3 and related credibility guidance were necessary State argues general credibility framework suffices and Instruction 3 is unnecessary No reversible error; instructions fairly informed credibility assessment
Whether the Drug-Use Instruction should have been given Ricci argues drug use by witnesses required heightened scrutiny of credibility State contends no duty to instruct on drug use when cross-examination exposed issues Refusal did not warrant reversal; no improper commentary on credibility
Whether the denial of Ricci's motion for a new trial was correct Ricci claims weight and sufficiency issues were overlooked and verdict against the weight of the evidence State asserts the trial judge independently assessed credibility and weight; no basis to disturb Denial affirmed; trial judge properly weighed evidence and credibility

Key Cases Cited

  • State v. Cipriano, 21 A.3d 408 (R.I. 2011) (standard for reviewing jury instructions)
  • State v. Ros, 973 A.2d 1148 (R.I. 2009) (instructional adequacy assessed in totality)
  • State v. Imbruglia, 913 A.2d 1022 (R.I. 2007) (language on adequacy of instructions)
  • State v. Barros, 24 A.3d 1158 (R.I. 2011) (counsel may argue credibility; court not critic)
  • State v. Fenner, 503 A.2d 518 (R.I. 1986) (counsel's role in credibility arguments)
  • State v. Hadrick, 523 A.2d 441 (R.I. 1987) (trial court should avoid commentary on weight/credibility)
  • State v. Farlett, 490 A.2d 52 (R.I. 1985) (court should not express weighty judgments about credibility)
Read the full case

Case Details

Case Name: State v. Luigi Ricci
Court Name: Supreme Court of Rhode Island
Date Published: Nov 8, 2012
Citations: 54 A.3d 965; 2012 WL 5450047; 2012 R.I. LEXIS 135; 2011-164-C.A.
Docket Number: 2011-164-C.A.
Court Abbreviation: R.I.
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