Supreme Court of Rhode Island
State v. Evaristo Rosario
March 11, 20112011 R.I. LEXIS 31
Summary
The Rhode Island Supreme Court affirmed the Superior Court's judgment, holding that the trial justice did not err in denying the defendant's motions to pass the case—both the use of the word “altercation” in the prosecutor’s opening statement and the admission of rebuttal evidence concerning generalized threats were within the trial judge’s discretion. The Court emphasized the high deference owed to trial‑court discretion on motions to pass the case and evidentiary rulings, and found no prejudice warranting reversal.