State v. Gonzalez
Annotate this CaseAfter a jury trial, Defendant was convicted of murder in the first degree and related crimes. Defendant appealed, arguing that the trial justice erred in (1) failing to grant his motion to suppress evidence that was obtained as a result of his warrantless arrest in his home, and (2) failing to remove two allegedly biased jurors from the jury or, in the alternative, to grant a mistrial. The Supreme Court vacated the judgment of the superior court and remanded for a new trial, holding (1) the trial justice erred in denying Defendant’s motion to suppress, as the warrantless entry into Defendant’s home was not consented to freely and voluntarily, and the State failed to establish the existence of exigent circumstances to justify the entry into the home; and (2) the error in this case was not harmless. Remanded for a new trial.
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