State v. Cesar Vazquez
Syllabus
The defendant, Cesar Vazquez, appealed from a judgment of conviction entered in the Superior Court following a jury verdict of guilty on four counts of first-degree child molestation sexual assault in violation of G.L. 1956 § 11-37-8.1. He contended on appeal that the trial justice erred by denying the defendant's motion for a new trial because she overlooked material evidence of internal inconsistencies in the complaining witness's testimony, contradictions to that testimony, and the complaining witness's motivation to lie. The defendant also asserted that the trial justice overlooked the implausibility of the complaining witness's testimony. The Supreme Court carefully reviewed the trial justice's analysis in passing on the defendant's motion for a new trial, and concluded that she did not overlook material evidence or commit clear error. Instead, the Court held that the trial justice considered the material evidence and found the complaining witness to be credible, and further that the trial justice articulated adequate grounds for her denial of the defendant's motion for a new trial. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.
Sourced from CourtListener / Free Law Project (CC0).
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