State v. Kimberly Fry

OPINION

Justice INDEGLIA for the Court.

On October 6, 2011, a Washington County Superior Court jury found the defendant, Kimberly Fry (defendant or Kimberly), guilty of second degree murder of her eight-year-old daughter in violation of G.L. 1956 § 11-23-1. On May 22, 2012, the trial justice sentenced the defendant to a term of forty years’ imprisonment, with twenty years to serve and the remaining twenty years suspended, with probation.

On appeal, the defendant contends that the trial justice erred in: (1) declining to instruct the jury on voluntary manslaughter due to diminished capacity and…