2009-173-C.A. State v. Alfred Bishop (full court conference)
Defendant, pro se, appeals from a conviction of first-degree murder, burglary, three counts of discharge of a firearm during a violent crime, and two counts of felony assault. He challenges the trial judge’s finding in March 2008 regarding his bail request.
2009-250-C.A. and 2010-259-M.P. State v. Randall (show cause)
The defendant appeals from an adjudication of probation violation in two cases for technical violations. On appeal he argues that there was no adequate determination at the violation hearing as to waiver of counsel and insufficient evidence of probation violation.
2009-282-C.A. State v. Leon Stansell (show cause)
Defendant appeals from a Superior Court order denying his motion to reduce sentence, arguing that he could not be convicted of two counts of conspiracy when his alleged co-conspirator had only pled nolo contendere to one count. The defendant was convicted by a jury on two counts of conspiracy to violate the Uniform Controlled Substances Act and sentenced to concurrent terms of 20 years in prison, with 10 years to serve, 10 years suspended, and 10 years of probation. Defendant asks that his conviction on the second count be dismissed, based upon the illegality of the sentence imposed.
2010-184-C.A State v. Adrian Shepard (show cause)
In these consolidated cases, the defendant seeks review of a Superior Court adjudication of probation violation and appeals from the denial of his motion to correct and reconsider the sentence he received for violating his probation. The defendant contends that the hearing justice acted unreasonably and arbitrarily in finding him to be a violator because the testimony of the complaining witness was not credible. He also argues that his motion to reconsider should have been granted.
No. 09-343-C.A. State of Rhode Island v. George Bouffard
Defendant appeals from a decision granting in part his motion to correct sentence under Rule 35 of the Superior Court Rules of Criminal Procedure. Before this Court, defendant seeks review of the motion justice’s decision to “re-bundle” defendant’s sentencing package pursuant to this Court’s holding in State v. Goncalves, 941 A.2d 842 (R.I. 2008), after having found a previously imposed sentence to be an illegal, or illegally imposed, sentence.
No. 09-383 State v. Ronald Barkmeyer (show cause)
The defendant appeals from a Superior Court order denying his motion to reduce sentence. The defendant argues that the hearing judge erred in determining that the defendant’s work history at the ACI had no bearing on the defendant’s motion to reduce sentence. The defendant also contends that the hearing judge erred in implying that the defendant should have admitted his guilt in order to pursue sex offender treatment.
No. 09-380 State v. Jose Viera (full briefing)
No. 09-355 George Giusti v. State (show cause)
Before the Court is plaintiff’s appeal from a judgment entered in favor of defendants on July 1, 2009 in this medical malpractice case. The judgment followed an order granting defendants’ motions in limine to exclude plaintiff’s proposed expert nurse witnesses, based upon the finding by the trial court that the nurses were not qualified to express opinions on the issue of the standard of care owed by the defendants in this case. On appeal, plaintiff claims that the trial justice erred in excluding the witnesses and dismissing the complaint, arguing that the expert nurse witnesses were qualified to testify with respect to plaintiff’s nursing negligence and respondeat superior claims – claims which, plaintiff argues, were erroneously disregarded by the trial justice.
No. 09-344 Kenneth Rice v. State (show cause)
The defendant appeals from a Superior Court judgment denying his application for postconviction relief. The defendant bases his petition upon allegations of ineffective assistance of counsel.
No. 09-343 State v. George Bouffard (show cause)
No. 09-336 State v. Carlos Jimenez (show cause)
The defendant appeals from a judgment of conviction on two counts of first-degree sexual assault for which he was sentenced to 25 years, 9 years to serve, 16 years suspended, concurrent on each count, entered after a jury trial in 2009. On appeal he challenges the denial of his motion to suppress his statements to the police, the denial of his motion for judgment of acquittal on count 1, and the denial of his motion for a new trial.
Nos. 09-302, State v. Adrian Shepard (show cause)
No. 09-292 State v. David Dubois (full briefing)
No. 09-282 State v. Leon Stansell (show cause)
Nos. 09-250, State v. Charles Randall (show cause)
No. 09-246 State v. Kenneth Viveiros (full briefing)
No. 09-193 State v. Nelson Rolon (full briefing)
No. 09-173 Alfred Bishop v. State (court conference)
No. 09-149 State v. Raquel Figuero (full briefing)
No. 09-147 Hector Jaiman v. State (full briefing)
No. 09-135 Theodore Chapdeline v. State (full briefing)
No. 09-110 State v. Heriberto Rosario (full briefing)
No. 09-83 State v. Jeffrey Alston (full briefing)
No. 09-31 State v. John Kluth (full briefing)
No. 09-5 State v. T. Jackson McDonald (full briefing)