State v. Paul Fleck, 2014 R.I. LEXIS 6

Fleck was convicted of one count of simple domestic assault under G.L. 1956 §§ 11-5-3, 12-29-5, enhanced as a felon under § 12-29-5(c)(1).
Dolbec testified to a dating/romantic relationship, they lived together, and Fleck moved in with her; she feared reporting initially due to threats.
Sept. 13, 2009: Fleck allegedly struck Dolbec; Sept. 15, 2009: similar accusations with chest poking; Dolbec ultimately left with a neighbor.
Police observed Dolbec’s visible injuries; officers noted Dolbec as Fleck’s intimate partner; DVSA photographs were admitted as evidence.
Trial occurred March 7–9, 2011; the court denied Rule 29 motion; the jury found Fleck guilty; a Rule 33 motion for a new trial was denied after Banach review.
On appeal, Fleck challenged both the sufficiency of the domestic-relationship evidence and the denial of the Rule 33 motion; the Rhode Island Supreme Court affirmed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Was there a domestic relationship under § 12-29-2?	State	Fleck	Yes; trial court properly found a domestic relationship.
Was denial of the motion for a new trial proper under weight-of-the-evidence review?	State	Fleck	Yes; denial not clearly wrong after Banach analysis.
Was Rule 29 judgment of acquittal properly preserved/decided or required here?	State	Fleck	Waived; even if preserved, affirm on Rule 33 grounds; Rule 29 avoided.

State v. Cardin, 987 A.2d 248 (R.I. 2010) (standard for renewals of Rule 29 motions)
State v. Caba, 887 A.2d 370 (R.I. 2005) (burden in sufficiency review)
State v. Pineda, 13 A.3d 623 (R.I. 2011) (weights vs. sufficiency; thirteenth juror concept)
State v. Dame, 560 A.2d 330 (R.I. 1989) (weight-of-evidence standard described)
State v. Heredia, 10 A.3d 443 (R.I. 2010) (thirteenth juror analysis procedure)
State v. Imbruglia, 913 A.2d 1022 (R.I. 2007) (independent judgment on weight of evidence)
State v. Texieira, 944 A.2d 132 (R.I. 2008) (weighing credibility and weight of evidence)
State v. Phannavong, 21 A.3d 321 (R.I. 2011) (proper procedure for new-trial denial)
State v. Peoples, 996 A.2d 660 (R.I. 2010) (credibility and evidentiary evaluation standard)
State v. Karngar, 29 A.3d 1232 (R.I. 2011) (weight vs. sufficiency on new-trial appeal)
State v. Enos, 21 A.3d 326 (R.I. 2011) (context for domestic-relationship analysis)
State v. Cardona, 969 A.2d 667 (R.I. 2009) (procedure when considering simultaneous Rule 29/33 challenges)
State v. Clark, 974 A.2d 558 (R.I. 2009) (sufficiency vs. weight-of-evidence distinction)
State v. Gaffney, 63 A.3d 888 (R.I. 2013) (post-appeal weight review framework)