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STATE v. MUSUMECI

No. 96-266-C.A.

717 A.2d 56 (1998)

STATE v. Robert MUSUMECI

Supreme Court of Rhode Island.

August 4, 1998.

Attorney(s) appearing for the Case

Randy Olen, Providence, John F. Cicilline, Bristol, for plaintiff.

Lauren Sandler Zurier; Aaron Weisman, David D. Prior, Providence; Steven John DeLuca, for defendant.

Before WEISBERGER, C.J., and LEDERBERG, BOURCIER, FLANDERS and GOLDBERG, JJ.

OPINION

FLANDERS, Justice.

In the middle of a criminal trial charging the defendant, Robert Musumeci (Musumeci), with illegal possession of marijuana, a Superior Court justice denied Musumeci's dismissal motion but granted his motion for a mistrial because of the state's grossly negligent (albeit nondeliberate) failure to comply in a timely manner with its discovery obligations. Ten months later, a second trial justice dismissed the charges against Musumeci...

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