State v. Rocha

Supreme Court of Rhode Island

State v. Rocha

604 A.2d 783, 1992 R.I. LEXIS 249, 1992 WL 80035

CourtSupreme Court of Rhode Island

DecidedApril 16, 1992

DocketNo. 91-46-C.A.

StatusPublished

This text of 604 A.2d 783 (State v. Rocha) 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. Rocha, 604 A.2d 783, 1992 R.I. LEXIS 249, 1992 WL 80035 (R.I. 1992).

Pincite

Opinion

ORDER

This matter came before this court pursuant to an order that had directed both parties to appear and show cause why the issues raised in their appeal should not be summarily resolved.

After hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that the trial justice erred in excluding evidence regarding the epileptic condition and seizures of the defendant, Jeronimo Rocha (Rocha). Consequently the trial justice’s instructions to the jury, which did not include Rocha’s requested instruction on the defense of unconsciousness, improperly denied him the opportunity to present a full defense based upon his epileptic disorder.

Consequently the defendant’s appeal is summarily sustained. The judgment of conviction entered in the Superior Court is hereby vacated. The papers in the case are remanded for a new trial to the Superior Court.

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ORDER

This matter came before this court pursuant to an order that had directed both parties to appear and show cause why the issues raised in their appeal should not be summarily resolved.

After hearing the arguments of counsel and examining the memoranda filed by the parties, we are of the opinion that the trial justice erred in excluding evidence regarding the epileptic condition and seizures of the defendant, Jeronimo Rocha (Rocha). Consequently the trial justice’s instructions to the jury, which did not include Rocha’s requested instruction on the defense of unconsciousness, improperly denied him the opportunity to present a full defense based upon his epileptic disorder.

Consequently the defendant’s appeal is summarily sustained. The judgment of conviction entered in the Superior Court is hereby vacated. The papers in the case are remanded for a new trial to the Superior Court.

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Bluebook (online)

604 A.2d 783, 1992 R.I. LEXIS 249, 1992 WL 80035, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-rocha-ri-1992.