State v. Guerrero

The Supreme Court affirmed the judgment of the superior court denying Defendant's motion for a new trial after convicting Defendant of of assault and battery resulting in serious bodily injury and possession of a knife with a blade of more than three inches, holding that the trial justice did not err in denying Defendant's motion for a new trial.In his motion for a new trial, Defendant argued that the trial justice overlooked and misconceived material evidence when he agreed with the jury's verdict because the trial justice did not take into account that Defendant had to appreciate that he knowingly had an opportunity to retreat in safety. The Supreme Court disagreed, holding that the trial justice more than adequately performed his role under each step of the analysis of Defendant's motion for a new trial. View "State v. Guerrero" on Justia Law