State v. Raymond A. Peltier

I am pleased to concur in the opinion of the majority to the extent that it holds that the trial justice did not abuse his discretion in admitting evidence of the defendant’s resisting arrest as constituting evidence of the defendant’s agitated state of mind at the time of the alleged assault. In view of the very close temporal connection between the alleged simple domestic assault and the act of resisting arrest, the trial justice did not abuse his discretion in admitting the evidence for this limited purpose. However, I respectfully disassociate myself entirely from the majority’s statement…