State v. Austin
Annotate this CaseAfter a jury trial, Defendant was found guilty of one count of second-degree sexual assault. The Supreme Court affirmed, holding that the trial justice did not err in (1) denying Defendant’s motion to suppress the complainant’s out-of-court identification because there was not likelihood of misidentification and because the photo array was not unnecessarily suggestive; (2) denying Defendant’s motion for a new trial, as the trial justice followed the proper procedure for assessing a challenge to the weight of the evidence, and there was no indication that he overlooked or misconceived material evidence; and (3) denying Defendant’s request for a specific set of jury instructions.
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