State v. Eric Mensah

Syllabus

The defendant, Eric Mensah, appealed from a judgment of conviction entered in the Superior Court, arguing that the trial justice erred by admitting evidence under Rhode Island Rule of Evidence 404(b) and by denying his motion for a new trial in the child molestation sexual assault of his then-eight-year-old daughter. The Supreme Court held that the defendant's objection to the state's motion in limine to admit the Rule 404(b) evidence was insufficient to preserve his argument for appeal, and, thus, the Court held that issue was waived under its well-established raise-or-waive rule. Additionally, the Supreme Court held that the trial justice properly denied the defendant's motion for a new trial on both weight and sufficiency grounds. The Supreme Court held that there was sufficient evidence of penetration to uphold the defendant's conviction, and, thus, this case was distinguishable from In re B.H., 138 A.3d 774 (R.I. 2016). Furthermore, although the trial justice disagreed with the jury's verdict with regard to the weight of the evidence, she properly found that reasonable minds could differ with her conclusion, and, thus, she properly upheld the verdict.