State v. Goulet
Annotate this CaseIn 2006, defendant Edgar Goulet killed his dog by shooting it with a sawed-off shotgun. One year later, the state, by way of criminal information, charged defendant with one count of malicious killing of an animal and one count of possession of a sawed-off shotgun. At trial, among other motions, defendant filed a motion to sever to the two counts of the information. The motion to sever was denied. After a jury trial defendant was convicted on both counts. The defendant appealed. The issues properly before the Supreme Court were (1) defendant's assertion that the trial justice erred when he denied defendant's motion to sever, and (2) the defendant's Fourth Amendment claims relating to the police officers' searches of the defendant's yard and home. The Court affirmed, concluding (1) the defendant did not make a sufficient showing that he would be prejudiced to the extent that he would not receive a fair trial if the two counts were not severed, and thus the trial justice did not abuse his discretion when he denied defendant's motion; and (2) the defendant's Fourth Amendment claims as to the propriety of the warrantless search were without merit.
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