RI District Court and Traffic Tribunal Case Law

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State of Rhode Island v. Richard DiPrete, C.A. No. T09-0072 (September 20, 2009) Procedure

Defendant appealed the decision of the trial magistrate sustaining the violation of R.I.G.L. 1956 § 31-27-2.1 (refusal to submit to a chemical test).  Defendant argued that the trial magistrate’s decision was an error of law because the magistrate violated Rule 614 of the Rhode Island Rules of Evidence when he asked questions that filled in missing elements of the prosecution’s case.  The Panel explained that Rule 614(b) allows the court to interrogate witnesses but that such questions should be limited to clarifying matters already asked on direct, redirect, or cross-examination.  The Panel held that the magistrate’s questions to the Trooper were simply designed to clarify answers to questions the Prosecutor asked on direct and redirect and did not raise anything not already asked by the Prosecutor.  The Panel held that the magistrate’s questions were within the scope of Rule 614 and, therefore, did not prejudice Defendant and were not an error of law or abuse of discretion.  Accordingly, the Panel sustained the charged violation.

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