State v. Malik Garcia

Syllabus

The defendant, Malik Garcia, appealed from a judgment of conviction entered in the Superior Court following a bench trial for simple domestic assault or battery in violation of G.L. §§ 1956 11-5-3 and 12-29-2(a)(1) and domestic refusal to relinquish or to damage or to obstruct telephone, in violation of G.L. 1956 §§ 11 35 14(a) and 12-29-2(a)(12). On appeal, the defendant asserted that the trial justice erroneously restricted the defendant's cross examination of the complaining witness, in violation of the Sixth Amendment to the United States Constitution and article 1, section 10 of the Rhode Island Constitution. Specifically, the defendant argued that he was impermissibly prevented from cross-examining the complaining witness about previous lawsuits she had filed, her previous claims of assault by the defendant, and her daughter's refusal to corroborate her version of events, all of which the defendant argued were necessary to undermine the complaining witness's credibility and to establish her bias. After careful consideration and review of the record, the Supreme Court held that the trial justice did not err by limiting the extent of the defendant's cross examination of the complaining witness. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.