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Supreme Court No. 2008-210-C.A. (W3/07-44A) State v. Hiawatha Brown. : : :

NOTICE: This opinion is subject to formal revision before publication in the Rhode Island Reporter. Readers are requested to notify the Opinion Analyst, Supreme Court of Rhode Island, 250 Benefit Street, Providence, Rhode Island 02903, at Telephone 222-3258 of any typographical or other formal errors in order that corrections may be made before the opinion is published.

Supreme Court No. 2008-210-C.A. (W3/07-44A) State v. Hiawatha Brown. : : :

Present: Suttell, C.J., Goldberg, Flaherty, Robinson, and Indeglia, JJ. OPINION Justice Indeglia, for the Court. Hiawatha Brown (Brown or defendant) appeals from a Superior Court judgment of conviction for simple assault and disorderly conduct. Brown

contends that the trial justice committed reversible error in refusing to (1) hold a posttrial evidentiary hearing to determine if the jury was racially biased or if certain juror misconduct had occurred; (2) permit the entire fifteen-member jury panel to deliberate; and (3) instruct the jury that the aggressive actions of the police could constitute a defense to the charge of disorderly conduct. For the reasons set forth in this opinion, we affirm the judgment of the Superior Court. I Facts and Travel On July 14, 2003, a confrontation between the Rhode Island State Police and several members of the Narragansett Indian Tribe (the Tribe) led to the arrest of seven tribal members, including Brown. 1 That day, Brown was charged with one count of simple assault in violation of

1

A full description of the events underlying the charges is set forth in State v. Thomas, 936 A.2d 1278, 1280 (R.I. 2007). The confrontation spurred both the Tribe and the State of Rhode Island to file lawsuits in federal court to determine whether state officers acted with proper authority in enforcing state laws on the Tribe's property. The United States Court of Appeals for the First Circuit ultimately resolved this litigation in the state's favor. Narragansett Indian Tribe v. State of Rhode Island, 449 F.3d 16, 24 (1st Cir. 2006). -1-

G.L. 1956

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