State v. Johnny Xaykosy

Summary

The Rhode Island Supreme Court affirmed Johnny Xaykosy’s conviction for second‑degree murder and the accompanying firearm sentence, holding that the trial judge correctly refused a voluntary manslaughter instruction because the evidence did not show adequate provocation or sudden heat of passion, and that the defendant’s claim of an excessive sentence was procedurally barred because he failed to raise it under Rule 35. The Court based its decision on the defendant’s own testimony and established Rhode Island law on manslaughter and sentencing review.