State v. Leron Porter

Citations

• 179 A.3d 1218

Syllabus

The defendant, Leron Porter, appeals his conviction of: (1) second degree murder (count one) (2) discharging a weapon while committing a crime of violence (count two) and (3) possession of a firearm, having been previously convicted of a felony (count four). The defendant was sentenced to life imprisonment with twenty-five years to serve on count one, a consecutive term of life imprisonment on count two, and a consecutive term of ten years to serve on count four. The trial justice also declared the defendant to be a habitual offender and imposed an additional consecutive term of twenty-five years to serve. On appeal, defendant challenges his conviction based on two alleged Batson violations relative to the decision by the first justice that allowed the state to exercise two preemptory challenges during the jury selection. The defendant further contends that the trial justice improperly restricted the cross-examination of a witness about a gun the witness saw at some point before the murder. Next, defendant argues that the trial justice abused her discretion by denying defendant's motion to pass the case after an emotional outburst during the defense's opening statement. Finally, the defendant asserts that the trial justice erred by denying his motion for a new trial. The Court held that the trial justice did not err when she concluded that the state's explanation for each Batson challenge could qualify as a race-neutral reason for excusing a juror. The Court also affirmed the trial justice's denial of defendant's motion to cross-examine a witness based on the lack of evidence connecting the weapon to the murder. The Court further held that the trial justice did not err by refusing to pass the case based on an emotional outburst made on the first day of a seventeen-day trial. Lastly, the Court affirmed the trial justice's decision to deny defendant's motion for a new trial.