State v. Adauris Garcia

Syllabus

The defendant, Adauris Garcia, was convicted by a jury of second-degree murder, one count of discharging a firearm while committing a crime of violence, and one count of carrying a pistol or revolver without a license or permit. On appeal, the defendant argued that the trial justice erred by (1) excluding witness testimony pursuant to State v. Harnois, 638 A.2d 532 (R.I. 1994), and (2) denying the defendant's motion for a new trial. The Supreme Court held that the trial justice did not err in applying Harnois when defense counsel attempted to cross examine the state's witness from testifying as to the defendant's statements to her because the defendant had not testified. The Supreme Court further held that the trial justice was clearly wrong in his order denying the defendant's motion for a new trial. The Supreme Court vacated the order denying the defendant's motion for a new trial and remanded the matter for a new hearing on the motion for a new trial.