State v. Smith, 39 A.3d 669

Background

Smith was convicted by a jury on three counts of first-degree child molestation and two counts of second-degree child molestation arising from assaults on a thirteen-year-old girl, Rachel.
Smith lived with Rachel's mother Samantha and acted as a parental figure while Samantha worked night shifts; Smith is a member of the Army National Guard.
The abuse occurred during August–September 2006 when Samantha was at work; Rachel woke to Smith touching her breast and later was vaginally assaulted on multiple occasions.
Rachel initially delayed reporting the abuse; she disclosed it to a Life Choices program counselor in February 2007, who then reported to DCYF, and Rachel was examined by Dr. Christine Barron.
Smith testified at trial denying any sexual contact with Rachel, while the trial judge instructed the jury on credibility; the jury ultimately convicted Smith on all counts.
Smith moved for a new trial under Rule 33, which the trial justice denied; Smith was sentenced to lengthy concurrent terms with partial suspension and probation on the counts.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Weight of the evidence supporting the verdict	State argues the record shows credible evidence supporting the verdict.	Smith contends the weight of the evidence was insufficient and relied on a not-credible witness.	New-trial denial affirmed; substantial credible evidence supported the verdict.
Admission of weapons-training cross-examination	State contends the question about National Guard weapons training was relevant background to rebut fear.	Smith argues the question was irrelevant and prejudicial under Rule 403.	Trial court properly admitted the question; no reversible error.

Key Cases Cited

State v. Clark, 974 A.2d 558 (R.I. 2009) (thirteenth juror standard for weight of the evidence)
State v. Vargas, 21 A.3d 347 (R.I. 2011) (independent review of credibility and weight of evidence)
State v. Prout, 996 A.2d 641 (R.I. 2010) (standard for appellate review of weight of the evidence)
State v. Heredia, 10 A.3d 443 (R.I. 2010) (great weight given to trial court's credibility determinations)
State v. Snow, 670 A.2d 239 (R.I. 1996) (weight-of-the-evidence standard and trial-court deference)
State v. Horton, 871 A.2d 959 (R.I. 2005) (scope of review for denial of new trial)
Ims v. Town of Portsmouth, 32 A.3d 914 (R.I. 2011) (trial-court discretion in evidentiary rulings)
State v. Mann, 889 A.2d 164 (R.I. 2005) (credibility and witness evaluation guidance)
State v. Rios, 996 A.2d 635 (R.I. 2010) (Rule 403 balancing and admissibility framework)
State v. Gaspar, 982 A.2d 140 (R.I. 2009) (evidentiary discretion under Rule 403)
State v. DeJesus, 947 A.2d 873 (R.I. 2008) (limited abuse of discretion in evidence rulings; Rule 403)
State v. Rushlow, 32 A.3d 892 (R.I. 2011) (potency of prejudicial impact in risk-based rulings)
State v. Rosario, 14 A.3d 206 (R.I. 2011) (prejudicial impact standard for extraneous information)
State v. Brash, 512 A.2d 1375 (R.I. 1986) (concern about irrelevant weapon evidence)
State v. Souza, 110 R.I. 261 (R.I. 1972) (risk of error from admitting similar but non-charged weapons)
State v. Sfameni, 115 R.I. 18 (R.I. 1975) (prejudicial evidence of drug use as basis for reversal)
State v. Mattatall, 603 A.2d 1098 (R.I. 1992) (defendant testifying risks credibility judgments)