State v. Gianquitti
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Defendant Nicholas Gianquitti was convicted of second-degree murder and using a firearm while committing a crime of violence. During trial, the trial justice found that there was nothing that would suggest that defendant intended to prevent entry into his home and that, therefore, there was no evidence of a breaking and entering crime in accordance with R.I. Gen. Laws 11-8-8. Defendant appealed, arguing that the trial justice erred (1) by refusing to instruct the jury in accordance with Section 11-8-8 and denying his subsequent motion for a new trial on the same basis; and (2) by excluding expert testimony. The Supreme Court affirmed, holding (1) that after reviewing the evidence, there was no reason to disturb the findings of the trial justice regarding defendant's Section 11-8-8 argument; and (2) because defendant failed to renew his objection on the issue of admissibility of expert testimony and did not preserve the issue for appellate review, the admissibility of expert opinion testimony was waived.
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