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RHODE ISLAND CRIMINAL DEFENSE
A Practice Manual, 4th Edition
© John E. MacDonald
State v. Colvin, 425 A.2d 508 (R.I. 1981). In a delivery of controlled substances trial, the prosecutor referred to prior uncharged drug sales by the defendant. Defendant moved to pass the case, was denied the motion, and then moved for a cautionary instruction. The trial judge cautioned the jurors that statements of counsel are not evidence. R.I.S.C. reversed defendant’s conviction and remanded.
State v. Casas, 792 A.2d 737 (R.I. 2002). Prosecutor in a possession with intent to deliver case improperly told the jury that the state had been investigating the defendant’s drug trafficking for years even though defendant had moved in limine to preclude the state from such references. The trial court granted a mistrial and denied defendant’s double jeopardy motion to dismiss. R.I.S.C. affirmed.
State v. Andujar., 899 A.2d 1209 (R.I. 2006). Defendant on trial for soliciting another to commit murder was entitled to introduce the fact of his prior acquittal for charges of sexual assault perpetrated against the same victim, following the prosecutor’s reference to the prior charges during opening and closing arguments.
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