6th Amendment

Defendant appealed the decision of the trial judge sustaining the violations of R.I.G.L. 1956 § 31-17-6 (yielding to an emergency vehicle) and R.I.G.L. 1956 § 31-16-5 (turn signal required).  The Appeals Panel noted that the defendant was not prejudiced when the trial magistrate did not allow the defendant’s father to testify on his behalf because the defendant told the court that his father would merely discuss how he was treated by the police and not that his father could refute some of the officer’s testimony as it related to the charged offenses.  Thus, because the defendant did not disclose the possible testimony to the trial magistrate at trial, the defendant was not permitted to raise that issue on appeal.  Accordingly, the Court sustained the violations.

Town of North Providence v. Dennis Gagne, C.A. No. M10-0026 (April 11, 2011).pdf