State v. Peterson

I am in full agreement with respect to the Court’s opinion on the limitation that was placed on cross-examination. Regarding the Court’s interpretation of G.L.1956 § 12 — 19— 21, Rhode Island’s habitual-criminal statute, however, I respectfully dissent. The critical facts to this issue are not in dispute.

In the early morning hours of March 18, 1993, defendant Bradley C. Peterson (Peterson) stepped in front of a slow-moving truck being driven by Joseph Kaiser (Kaiser). After Peterson apparently feigned injury, as discussed in the majority’s recitation of the facts, a struggle ensued between…