State v. Rivera
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The Supreme Court affirmed Defendant's conviction of assault with a dangerous weapon in a dwelling house and other offenses, holding that the trial justice did not err in admitting a recording and transcript of a phone call between Defendant and a confidential informant into evidence and did not clearly err by failing to grant a mistrial when it became evidence that defense counsel did not possess or review the complete discovery package prior to trial.
Specifically, the Court held (1) the trial justice did not abuse his discretion when he admitted the transcript of the phone call into evidence; (2) there was not clear error in the trial justice's finding that Defendant was not prejudiced by not having certain materials priorate trial; and (3) having found no abuse of discretion when denying the mistrial, there is no reason to overturn the trial justice's denial of a motion for a new trial for the same reasons.
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