State v. Dame

560 A.2d 330, 1989 R.I. LEXIS 123, 1989 WL 65196
CourtSupreme Court of Rhode Island
DecidedJune 20, 1989
Docket87-159-M.P, 87-175-M.P.
StatusPublished
Cited by63 cases

This text of 560 A.2d 330 (State v. Dame) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State v. Dame, 560 A.2d 330, 1989 R.I. LEXIS 123, 1989 WL 65196 (R.I. 1989).

Opinion

OPINION

FAY, Chief Justice.

These consolidated cases come before us on the state’s petition and the defendant’s cross-petition for certiorari. The state seeks reversal of a Superior Court order granting the defendant’s motion for a new trial pursuant to Rule 33 of the Superior Court Rules of Criminal Procedure. The defendant’s cross-petition requests a judgment of acquittal or an affirmance of the new-trial order. We affirm the trial justice’s decision. The relevant facts are as follows.

The defendant, Ronald Dame, was charged with first-degree arson in violation of G.L.1956 (1981 Reenactment) § 11-4-2. In 1982 defendant was first convicted of this charge. He subsequently appealed and argued that the trial justice erred by summarizing direct testimony. We reversed the conviction and ordered a new trial, finding the trial justice’s action constituted prejudicial error. State v. Dame, 488 A.2d 418 (R.I.1985).

During the second trial Robert Felber, battalion chief of the Central Falls fire department, testified that on July 10, 1981, a fire nearly destroyed the apartment of Jacqueline Prefontaine at 70 Cottage Street in Central Falls. Henrietta Corneau, another tenant in the building, died when a rescue attempt by firefighters proved un *332 successful. Doctor Arthur Burns, a former deputy chief medical examiner, testified that Corneau died of asphyxia due to smoke and carbon monoxide inhalation.

Prior to trial both parties stipulated to the following facts: first, the fire had originated in the bedroom of Prefontaine’s apartment, second, the parties agreed to the fact that no accelerants or incendiary devices had been used to start the fire.

The critical factual question was whether the fire started accidentally or was intentionally set. The defendant’s prior statement to the police regarding the fire was introduced at trial. The police report acknowledged that defendant was the last person in the apartment. The report also stated that defendant drank a beer and smoked a cigarette prior to falling asleep. The defendant maintained that when he awoke in the bedroom, he discovered flames rolling up the wall behind the bed and onto the ceiling. He then jumped from the bed and fled the building. Outside the building defendant was confronted by Pre-fontaine, who accused him of setting her apartment on fire. The testimony at trial indicated that defendant responded, “I didn’t mean it. I didn’t mean it.”

John Fiore, an investigator with the State Fire Marshal’s office, conducted an investigation to determine the cause and origin of the fire. The state contended, through Fiore’s testimony, that the cause of the fire was an intentional application of an open flame to some flammable material. Fiore ruled out the possibility of accidental causes such as an electrical malfunction or a carelessly discarded cigarette. Fiore stated, however, that he found charred pieces of debris, indicating that the bedroom had been littered with newspapers, magazines, and other material. Prefon-taine corroborated this testimony, stating that prior to the fire the floor had been covered with rugs, books, and other flammable material. Prefontaine also noted that she kept dozens of candles in her bedroom. Although Fiore insisted the fire was set intentionally, he admitted that no test could later be performed to establish that an open flame had been applied intentionally and not accidentally.

Additionally Fiore concluded that the point of the fire’s origin was the area of the floor next to the bed. Fiore made this determination because that area was the lowest-burned and deepest charred portion of the room, establishing that the fire had burned the longest in that spot. Furthermore, Fiore contended, the longer the fire was burning, the greater the inference that defendant intentionally started the fire. The trial justice permitted Fiore’s conclusions in regard to the cause and origin of the fire but refused to qualify him as an expert witness.

On cross-examination defendant rebutted Fiore’s conclusion concerning the origin of the fire. The testimony revealed that the ceiling had been consumed by fire and collapsed onto the floor. According to defendant, this resulted in that area of the floor’s burning for the longest period of time.

At the close of the state’s case, defendant moved for a judgment of acquittal. The trial justice denied the motion and sent the case to the jury. On February 24, 1987, the jury found defendant guilty of first-degree arson, death resulting. The defendant then filed a motion for a new trial in accordance with Rule 33, alleging that the verdict was against the weight of the evidence. Thereafter the trial justice found that the state had failed to prove beyond a reasonable doubt that defendant had knowingly created the fire and granted defendant’s new trial motion.

The state subsequently filed a petition for certiorari on April 16, 1987, and defendant filed a cross-petition on April 27, 1987. We issued an order on September 15, 1988, granting both petitions.

The state maintains that the trial justice usurped the function of the jury by failing to apply the proper standard in granting defendant’s motion for a new trial. We have previously held that a trial justice’s ruling on a motion for a new trial is entitled to great weight and will be disturbed only when the trial justice overlooked or misconceived material evidence *333 or was otherwise clearly wrong. State v. Henshaw, 557 A.2d 1204, 1207-1208 (R.I., 1989). When ruling on a motion for a new trial, the trial justice need not refer to all the evidence supporting the decision but need only mention sufficient evidence to allow this court to discern whether the appropriate standard was applied. State v. Barnes, 122 R.I. 451, 458, 409 A.2d 988, 992 (1979); State v. DaRocha, 121 R.I. 182, 185, 397 A.2d 500, 502 (1979).

This court clearly delineated the function of a trial justice when considering such a motion in Fox v. Allstate Insurance Co., 425 A.2d 903 (R.I.1981). First, the trial justice must consider all material evidence in light of the charge to the jury. Id. at 907. Using independent judgment, the trial justice must pass upon the weight and credibility of the evidence and accept or reject conflicting testimony. Id. At that point all proper and appropriate inferences may be drawn from the evidence adduced at trial. State v. Edwards, 122 R.I. 228, 236, 405 A.2d 1161, 1165 (1979). The trial justice must then determine whether the evidence presented a controversy upon which reasonable minds could differ or whether the evidence failed to prove guilt beyond a reasonable doubt. Id.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State v. Paul Fleck
81 A.3d 1129 (Supreme Court of Rhode Island, 2014)
State v. Navarro
33 A.3d 147 (Supreme Court of Rhode Island, 2011)
State v. Cipriano
21 A.3d 408 (Supreme Court of Rhode Island, 2011)
State v. Pineda
13 A.3d 623 (Supreme Court of Rhode Island, 2011)
State v. Berroa
6 A.3d 1095 (Supreme Court of Rhode Island, 2010)
State v. Woods
936 A.2d 195 (Supreme Court of Rhode Island, 2007)
State v. Stone
924 A.2d 773 (Supreme Court of Rhode Island, 2007)
State v. Stansell
909 A.2d 505 (Supreme Court of Rhode Island, 2006)
State v. Ducally
896 A.2d 723 (Supreme Court of Rhode Island, 2006)
Doctor v. State
865 A.2d 1064 (Supreme Court of Rhode Island, 2005)
State v. Lynch
854 A.2d 1022 (Supreme Court of Rhode Island, 2004)
State v. Dyer
813 A.2d 71 (Supreme Court of Rhode Island, 2003)
State v. Kaba
798 A.2d 383 (Supreme Court of Rhode Island, 2002)
State v. Golembewski
791 A.2d 468 (Supreme Court of Rhode Island, 2002)
State v. Truesdale
787 A.2d 1172 (Supreme Court of Rhode Island, 2001)
State v. Forbes
779 A.2d 637 (Supreme Court of Rhode Island, 2001)
State v. Contreras-Cruz
765 A.2d 849 (Supreme Court of Rhode Island, 2001)
State v. Rieger
763 A.2d 997 (Supreme Court of Rhode Island, 2001)
State v. Hornoff
760 A.2d 927 (Supreme Court of Rhode Island, 2000)

Cite This Page — Counsel Stack

Bluebook (online)
560 A.2d 330, 1989 R.I. LEXIS 123, 1989 WL 65196, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-dame-ri-1989.