State v. Vorgvongsa

I respectfully dissent. I would affirm the trial justice’s decision in granting the defendant’s motion for a new trial. As with the majority, I too accept the trial justice’s findings of credibility, but I do not believe that the trial justice abused his discretion. I do not find that the trial justice’s decision was clearly wrong or that he misconceived or overlooked a material fact.

This court has clearly delineated the function of a trial justice when considering a motion for a new trial. When deciding a motion for a new trial, the trial justice begins by undertaking a three-step analysis…