State v. Victor Tavares, 312 A.3d 449

Victor Tavares was convicted by a jury of two counts of first-degree sexual assault and one count of conspiracy to commit first-degree sexual assault, based on events at a 2012 party.
The complaining witness, Mary, testified she was intoxicated and later sexually assaulted by Tavares and co-defendant Franklin Johnson, with whom she had a long-standing family relationship.
Physical evidence collected included a used condom, which tested for Johnson’s DNA; Tavares faced charges based on grand jury indictment.
Tavares acted pro se at trial and appeal, raising twelve issues, including procedural and constitutional claims.
The trial court denied all defense motions, including motions to dismiss on constitutional grounds, voir dire and evidentiary challenges, and post-trial motions for new trial and sentence correction.
The Rhode Island Supreme Court, in this appeal, addressed both procedural and substantive issues, affirming the convictions.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did failure to call all listed discovery witnesses violate Rule 16?	Tavares: State only called 7/30 expected, violating discovery.	State: Issue not properly preserved for appeal.	Waived; not timely objected.
Was admission of Johnson’s DNA evidence a Confrontation Clause violation?	Tavares: Without live testimony, Confrontation rights were violated.	State: No timely objection at trial to preserve issue.	Waived; not preserved.
Were constitutional/statutory procedures for indictment violated?	Tavares: Should have been charged by complaint/info, not secret indictment.	State: Indictment required for offenses punishable by life; proper procedure followed.	Statutes/constitution permit indictment; no error.
Did collateral estoppel from probation hearing bar criminal trial?	Tavares: Prior probation decision should bar retrial on same facts.	State: Law (Gautier) rejects applying collateral estoppel to probation decisions.	Collateral estoppel inapplicable under controlling precedent.

State v. Maxie, 187 A.3d 330 (R.I. 2018) (General Assembly has authority to define criminal offenses)
State v. Reis, 815 A.2d 57 (R.I. 2003) (Dismissal of conspiracy charge against co-defendant under Rule 48(a) does not require acquittal under rule of consistency)
State v. Barros, 148 A.3d 168 (R.I. 2016) (Raise-or-waive rule; unpreserved issues generally not reviewed)
State v. Faria, 947 A.2d 863 (R.I. 2008) (Statutes are presumed constitutional)
State v. Gautier, 871 A.2d 347 (R.I. 2005) (Collateral estoppel does not bar criminal prosecution after probation violation hearing)
State v. Gomes, 690 A.2d 310 (R.I. 1997) (Trial courts have discretion in conducting voir dire)