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27 Suffolk U. L. Rev. 510 (1993)
Evaluating Trial Justice's Ruling on a Motion for New Trial

handle is hein.journals/sufflr27 and id is 530 raw text is: SUFFOLK UNIVERSITY LAW REVIEW Criminal Procedure-Evaluating Trial Justice's Ruling on a Motion for New Trial-State v. Clark, 603 A.2d 1094 (R.I. 1992) Once a defendant files a motion for a new trial, a trial justice must independently assess the weight and credibility of all material evidence.' If the justice determines that reasonable individuals could differ as to the controversy's conclusion, a trial justice must deny the motion for a new trial.2 A reviewing court can overturn the trial justice's ruling on a mo- tion for a new trial only if the trial justice disregarded or misconceived material evidence, or was otherwise clearly wrong.3 In State v. Clark,4 the Supreme Court of Rhode Island considered whether the trial justice properly denied the defendant's motion for a new trial after the jury con- victed the defendant of seven counts of sexual assault and incest.5 Since the trial justice found that reasonable minds could differ as to the contro- versy's conclusion and made no error in assessing the witness' credibility, the Supreme Court of Rhode Island affirmed the trial justice's denial of the defendant's motion for a new trial.6 In June of 1983, Raymond Clark sent his whole family to an amuse- ment park and insisted that his twelve-year-old daughter, Susan, remain at home with him.7 Clark directed Susan into his bedroom where he began to pull off her pants and touch her breasts.8 Clark ceased his sex- ual advances after Susan begged him to stop, but approximately one week later, she surrendered to his persistent approaches because she feared his violent temper.9 Susan testified that by her thirteenth birthday in June of 1984, her father's sexual assaults occurred whenever he had 1. See State v. Dame, 560 A.2d 330, 333 (R.I. 1989) (trial justice must independently assess the weight and credibility of witnesses' testimony); see also State v. Henshaw, 557 A.2d 1204, 1207-08 (R.I. 1989) (requiring trial justice to independently assess evidence in light of jury charge). 2. See State v. Dame, 560 A.2d 330, 333 (R.I. 1989) (noting trial justice must deny new- trial motion if reasonable minds could differ about outcome). 3. See State v. Dame, 560 A.2d 330, 332-33 (R.I. 1989) (trial justice's ruling disturbed only if material evidence overlooked or misconceived); State v. Henshaw, 557 A.2d 1204, 1207-08 (R.I. 1989) (according trial justice's ruling great weight and overturning only if mate- rial evidence overlooked or misconceived). 4. 603 A.2d 1094 (R.I. 1992). 5. Id. at 1095-97. In presenting a motion for a new trial, Raymond Clark asserted that the trial justice failed to assess properly the evidence produced at trial and that the verdict contradicted the weight of the evidence. Id. at 1096-97. 6. Id. at 1097. 7. Id. at 1095. Susan is the victim's fictitious name. Id. Both Susan and her mother testified that Clark had a history of violent and oppressive behavior and he beat the entire family and forced them to work long hours at his jewelry shop. Id. When Susan was 12 years old, her parents began writing notes excusing her absence from school while she worked 14- hour days at the shop. Id. 8. Id. 9. 603 A.2d at 1095-96. Although Susan initially repelled her father's sexual advances, [Vol. XXVII:510

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