State v. Marshall

793 A.2d 196, 2002 R.I. LEXIS 50, 2002 WL 485203
CourtSupreme Court of Rhode Island
DecidedMarch 22, 2002
DocketNo. 99-401-C.A.
StatusPublished

This text of 793 A.2d 196 (State v. Marshall) 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. Marshall, 793 A.2d 196, 2002 R.I. LEXIS 50, 2002 WL 485203 (R.I. 2002).

Opinion

OPINION

BOURCIER, Justice.

The constitutionality of G.L.1956 § 11-35-17, entitled Crank or obscene telephone calls (the statute), is challenged in this appeal.1 However, because we conclude [197]*197that the trial justice’s instruction to the trial jury was prejudicially erroneous and requires us to remand the case for a new trial, we leave consideration of the constitutional question for another day.

The defendant, Gerald Marshall (Marshall or the defendant), was charged by criminal complaint with one count of making a crank or obscene telephone call in violation of § ll-35-17(a) and subsequently was convicted of that charge by a Superior Court jury. He was sentenced to a six-month suspended term of imprisonment with probation for one year. In addition, he was ordered to attend anger management counseling.

After the judgment of conviction was entered, Marshall appealed to this Court, seeking reversal of his conviction and entry of judgment of acquittal on grounds that the Crank or obscene telephone calls statute is impermissibly overbroad and unconstitutional on its face. He also contends that the trial justice misconstrued the statute and erred when instructing the trial jury concerning the intent necessary to support a conviction under the statute.

I

Facts/Procedural History

On August 1, 1998, Marshall telephoned his estranged wife, Cynthia Marshall (Cynthia), at her workplace to discuss the possibility of reconciliation.2 It was not the first time that Marshall had made such a telephone call; indeed, during the preceding several weeks, Marshall had telephoned Cynthia at least once daily and, on occasion, as many as ten times in one day. These telephone calls followed the same general pattern. At first he would entreat her to reconcile with him. When she rejected his proposals, he would become angry, resort to name calling, and use abusive and obscene language. At that point, Cynthia usually would terminate the telephone call.

During the particular telephone call at issue in this case, and unlike his many previous calls, Marshall threatened to kill Cynthia. He told her that he would go to her workplace, wait for her to leave and then kill her and whoever she was with at the time. Although Cynthia admittedly was not frightened by his threat, nevertheless, she hung up the telephone receiver, thereby terminating the call. Within minutes, Marshall telephoned back and continued his abusive tirade against Cynthia. Again, she hung up the telephone receiver. At that point, she decided to report Marshall’s telephone calls to the police.3 Marshall later was arrested, charged and subsequently tried before a Superior Court trial jury.

At the close of the state’s case, defense counsel moved for judgment of acquittal. He contended that Cynthia’s testimony disclosed that the sole purpose for Mar[198]*198shall’s telephone call to Cynthia on August 1, 1998, was to attempt a reconciliation of their marriage, and that the plain language of § 11-35-17 required him to have initiated his telephone call for the purpose of directing any “threatening, vulgar, indecent, obscene, or immoral language” to Cynthia. In addition, defense counsel challenged the constitutionality of the statute on First Amendment grounds. The trial justice denied the motions. Defense counsel then elected not to present any defense evidence and rested.

After closing arguments, the trial justice instructed the jury. He instructed the jury that the state was required to prove “the case beyond a reasonable doubt.”4 Later, he defined the elements required to be proven beyond a reasonable doubt by the state as:

“(1) that the defendant made a phone call, (2) he made it to his wife and, (3) during the course of that phone call he made threatening and vulgar and obscene remarks to her. That’s what the state has to prove.”

Defense counsel objected to the third element of this charge, contending that the state also had the burden to prove that at the time the defendant initiated the telephone call to Cynthia, he then intended to do so for the purpose of threatening her or directing obscenities to her.

During its deliberations, the jury obviously was confused by the trial justice’s instructions and submitted a question to him. It asked “if a phone conversation begins ‘normally’ under what circumstances can a phone call change and become a violation of the law?” The following colloquy then took place in open court:

“THE COURT: It’s when you find, if you find, that the intent changed from a normal phone call to a threatening or obscene phone call. Does that help you?
“MR. FOREMAN: May I address—
“THE COURT: Well, I don’t know, but go ahead.
“MR. FOREMAN: So, in other words, the intent can change during the course of the call?
“THE COURT: Intent doesn’t have to be established at the beginning from all the, if you find that from all the evidence.
“MR. FOREMAN: And then is the charge for both threatening and obscene phone calls?
“THE COURT: It’s for either or both. That help you? Go to work.”

Defense counsel again objected. The jury later found Marshall guilty and he now appeals.

II

Standard of Review

“It is well established in this jurisdiction that ‘[i]n considering a motion for judgment of acquittal, a trial justice must view the evidence in the light most favorable to the state, without weighing the evidence or assessing the credibility of the witnesses, in fact giving full credibility to the state’s witnesses, and draw therefrom all reasonable inferences consistent with guilt. * * * If the totality of the evidence so viewed and the inferences so drawn would justify a reasonable juror in finding a defendant guilty beyond a reasonable doubt, the motion for judgment of acquittal must be denied. * * * In reviewing a trial [199]*199justice’s denial of such a motion, this Court applies the same standard as the tribunal below.’” State v. Breen, 767 A.2d 50, 55 (R.I.2001) (quoting State v. Snow, 670 A.2d 239, 243 (R.I.1996)).

Ill

Analysis

Marshall contends that the plain language of the statute requires him to have intended to use the proscribed language at the time he initiated the telephone call, and that the trial justice erred by instructing the jury that the intention to use threatening or obscene language could be formed at any time during the course of the telephone call. He asserts that the trial justice erred in denying his motion for judgment of acquittal because he claims that the uncontradicted evidence demonstrated that when he originated his telephone call to Cynthia, it was not for the purpose of threatening her, but rather, it was for the sole purpose of attempting to reconcile their marriage.

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

Related

Holloway v. United States
526 U.S. 1 (Supreme Court, 1999)
State v. Snow
670 A.2d 239 (Supreme Court of Rhode Island, 1996)
State v. Bryant
670 A.2d 776 (Supreme Court of Rhode Island, 1996)
State v. Wilcox
628 A.2d 924 (Supreme Court of Vermont, 1993)
In Re Fiske
367 A.2d 1069 (Supreme Court of Rhode Island, 1977)
Kingstown Mobile Home Park v. Strashnick
774 A.2d 847 (Supreme Court of Rhode Island, 2001)
O'Connell v. Bruce
710 A.2d 674 (Supreme Court of Rhode Island, 1998)
State v. Breen
767 A.2d 50 (Supreme Court of Rhode Island, 2001)
Town of North Kingstown v. Albert
767 A.2d 659 (Supreme Court of Rhode Island, 2001)
State v. Smith
766 A.2d 913 (Supreme Court of Rhode Island, 2001)

Cite This Page — Counsel Stack

Bluebook (online)
793 A.2d 196, 2002 R.I. LEXIS 50, 2002 WL 485203, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-marshall-ri-2002.