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State v. Tavell D. Yon
161 A.3d 1118
| R.I. | 2017
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Background

  • Police executed a search warrant at 14-16 Monticello St. after a confidential informant linked Yon to the residence; officers found a .40 caliber pistol between couch cushions and detained Yon and girlfriend Desiree Rodrigues.
  • Officers testified Detective Bento read Miranda rights at the apartment and Yon acknowledged understanding; they were transported to the station within ~10–15 minutes.
  • At the station, Detective Hames asked Yon one question — whether the gun was stolen — and Yon replied, “what gun bought off the street isn’t stolen?” Yon did not deny making the remark at the suppression hearing.
  • Yon testified he was not read Miranda rights and described coercive statements by officers; Rodrigues testified she told police the gun was hers and described buying it for protection.
  • The trial justice denied Yon’s motion to suppress, admitted the statement, submitted the case to a jury, and Yon was convicted of constructive possession of a firearm after a prior violent conviction; the trial justice later denied Yon’s new-trial motion.

Issues

Issue Plaintiff's Argument (State) Defendant's Argument (Yon) Held
Motion to suppress statement Officers properly Mirandized Yon at apartment; statement voluntary No Miranda warnings were given; waiver invalid; statements coerced Denied — trial justice credited officers; waiver knowing, intelligent, voluntary; suppression denied
Jury instruction on voluntariness (Humane Practice Rule) No error where defense waived asking for Humane Practice instruction Trial justice should have submitted voluntariness to jury under Humane Practice Rule Waived — defendant never requested instruction and counsel explicitly declined to pursue it
Motion for new trial — weight of evidence on constructive possession Evidence (residence links, bills, time spent at apartment, Rodrigues’s testimony) supports constructive possession State failed to prove knowledge and intent to control the firearm (no fingerprints/DNA; Rodrigues said it was hers) Denied — trial justice acted as thirteenth juror, found credibility determinations support jury verdict; no clear error

Key Cases Cited

  • State v. Jimenez, 33 A.3d 724 (R.I. 2011) (standard for proving valid Miranda waiver)
  • State v. Garcia, 140 A.3d 133 (R.I. 2016) (voluntariness defined and reviewed under totality of the circumstances)
  • State v. Bido, 941 A.2d 822 (R.I. 2008) (credibility deference to trial justice on suppression findings)
  • State v. Beaulieu, 359 A.2d 689 (R.I. 1976) (time lapse between Miranda warnings and statements not dispositive)
  • State v. Ferola, 518 A.2d 1339 (R.I. 1986) (prior criminal system experience can indicate understanding of Miranda warnings)
  • State v. Ditren, 126 A.3d 414 (R.I. 2015) (elements of constructive possession: knowledge and intent to control)
  • State v. Fisher, 844 A.2d 112 (R.I. 2004) (constructive possession defined as dominion and control)
  • State v. Muralles, 154 A.3d 925 (R.I. 2017) (standard and trial-justice role when ruling on motion for new trial)
  • State v. Moore, 154 A.3d 472 (R.I. 2017) (three-step analysis for new-trial weight-of-evidence review)
Read the full case

Case Details

Case Name: State v. Tavell D. Yon
Court Name: Supreme Court of Rhode Island
Date Published: Jun 9, 2017
Citation: 161 A.3d 1118
Docket Number: 2014-294-C.A. (P2/13-2441AG)
Court Abbreviation: R.I.