2010-7-A. Rudy Sifuentes v. State (show cause)
Petitioner seeks review of an order denying his application for postconviction relief. The petitioner contends that the hearing judge erroneously accepted the report of investigating counsel in lieu of accepting evidence on the issue of the petitioner being prevented from testifying at trial.
2010-408-M.P. State v. Shurron Washington (show cause)
The defendant seeks review of a Superior Court judgment of conviction finding him to be in violation of his probation. The defendant claims that the victim’s identification of him was unreliable and that the trial justice erred in relying upon her testimony in finding the defendant to be a probation violator.
2010-360-C.A. State v. Carl White (show cause)
Defendant was charged with a violation of a deferred sentence agreement after police searched his house without a warrant and found child pornography. He was found to be in violation, and the hearing judge ordered him to serve three years of the original sentence. The defendant now appeals from the denial of his motion to quash and vacate the finding of a violation of the deferred sentence. He contends that, because the basis of the violation of his deferred sentence was a new criminal charge that was later dismissed due to the suppression of illegally obtained evidence, the violation determination should be quashed and vacated.
2010-44-C.A. State v. Oliver Lyons (show cause)
The defendant appeals from a Superior Court order denying his motion to set aside or vacate his habitual offender sentence. The defendant claims that the application of current habitual offender law denies him due process. He also argues that the habitual criminal statute violates the doctrine of separation of powers because it gives disproportionate control to the office of the attorney general with little judicial oversight.
2010-209-C.A. State v. Allen Wray (show cause)
The defendant appeals from a denial of his motion for a new trial, following his conviction for first-degree robbery. On appeal, defendant contends that (1) the trial justice erred in denying his motion for a new trial, on the basis that the eyewitness identification of defendant was unreliable and not substantial enough to support a conviction, and (2) the trial justice committed reversible error in allowing the testimony of a detective who allegedly vouched for and bolstered the credibility of the eyewitnesses.
2010-237-C.A. State v. Morin (full briefing)
Defendant appeals from a conviction on one count of first-degree child molestation. He argues the trial judge erred in refusing to suppress a statement made to an investigator for DCYF, a statement made to the police after his arrest, and he challenges the judge’s refusal to redact a statement in his police statement.
2010-283-C.A. State v. Victor Lopez (full briefing)
Defendant appeals from a judgment of conviction for breaking and entering and assault with a dangerous weapon by choking with his hands following a jury trial. On appeal he argues that his motion for new trial was erroneously denied because the eyewitness evidence against him was unreliable, there was no incriminating physical evidence, and he had an alibi. Second, he argues that the judge erred by not allowing him to question the jurors during voir dire about eyewitness testimony. Third, he argue that his motion for judgment of acquittal should have been granted on the count for felony assault.
2010-334-C.A. State v. Santo Jensen (show cause)
This case is before the Court pursuant to an order granting the petition for writ of certiorari of the defendant from an adjudication of probation violation. On appeal, the defendant argues that the hearing justice acted arbitrarily and capriciously in revoking his probation and alleges that the state did not meet its evidentiary burden of proving to a reasonable satisfaction that defendant violated his probation by failing to keep the peace and be of good behavior. He specifically attacks the testimony of a child eyewitness, as well as the fingerprint evidence introduced at the hearing.
2010-338-C.A. State v. Tapia (show cause)
Defendant appeals from the denial of his motion to correct an illegal sentence under Rule 35 of the Rules of Criminal Procedure. He claims that the hearing judge erred in denying his motion, arguing that his original convictions on both arson and murder counts merged, rendering his separate sentences “illegal” and in violation of his constitutional right to be free from double jeopardy.
2010-96-C.A. State v. John Lomba (full briefing)
The defendant appeals his conviction on one count of simple assault. He challenges the trial justice’s decision to preclude certain testimony on direct and cross-examination as well as to preclude the consideration of documentary evidence that defendant asserts was necessary for him to establish his claim of self-defense. The issues involve the discretion of the trial justice to admit relevant evidence and to reasonably limit cross-examination, as well as the use of confidential documentary evidence and hearsay.
2010-097-M.P. State v. Lewis Quattrucci (show cause)
The state is before the Court on a writ of certiorari for review of District Court judgment that affirmed appeals panel of Traffic Tribunal, upholding dismissal of refusal charge. Refusal charge dismissed because respondent not afforded confidential telephone call pursuant to Rhode Island General Laws § 12-7-20.
2010-109-C.A. State v. Edward E. Gordon (show cause)
The defendant appeals from a judgment of conviction for second degree sexual assault. The defendant contends that the trial judge erred in denying his motion to suppress items seized at his apartment pursuant to a search warrant. The defendant asserts that the search warrant was invalid because the magistrate who signed the search warrant was not statutorily authorized to issue search warrants. The defendant also asserts that a retrial on the pending kidnapping charge against him would violate the double jeopardy clause.
2010-228-A. State v. Gerald Brown (show cause)
The petitioner appeals pro se from a Superior Court judgment dismissing his second application for postconviction relief. On appeal, petitioner asserts that the hearing justice erred: (1) in failing to allow the petitioner to proceed to a “full and fair hearing” and denying petitioner the right to argue before the court pro se; (2) in denying his claim that he remains in unlawful custody in violation of Rhode Island General Laws § 13-8-10; (3) in denying his newly discovered evidence claim; (4) in denying his ineffective assistance of counsel claim based on his counsels’ failure to raise the statute of limitations; and, (5) in granting the state’s motion to dismiss, given that one prior such motion by the state was denied and a second withdrawn.
2010-235-C.A. State v. Jaimeson Rushlow (show cause)
The defendant appeals from a conviction for one count of first-degree sexual assault domestic and one count of assault with intent to commit sexual assault. He claims that the trial justice abused her discretion in denying his motion to pass the case when the victim testified that a no-contact order against him had been issued by the police, and later when a police lieutenant mentioned the victim seemed “sincere” when she gave her police statement.
2010-249-C.A. State v. Windell McRae (show cause)
The defendant appeals from a conviction for domestic simple assault. The defendant contends that the trial judge erred in denying his motion to pass the case when the complaining witness stated that the defendant had been drinking on the day of the assault. The defendant also contends that the trial judge erred in permitting the state to impeach him with his recent prior assault conviction.
2010-270-A. State v. Jerry Lee Steele (show cause)
The petitioner appeals from the denial of his application for postconviction relief. He contends that he was provided ineffective assistance of counsel by his postconviction relief counsel. He asserts that his postconviction relief counsel had a conflict at the postconviction relief proceedings because she also was his attorney during the hearing in which he pled nolo contendere.
2010-299-C.A. State v. Timothy Scanlon (show cause)
The defendant appeals from the denial of his Rule 35 motion to reduce sentence. On appeal, defendant argues that the trial justice erred: (1) in failing to consider a comparison of defendant’s sentence to other sentences imposed for similar offenses, arguing that defendant’s sentence of 50 years to serve was grossly disproportionate to his crime; and (2) by failing to afford him leniency, given his family situation.
2010-333-A. Gary Tassone v. State (show cause)
The applicant appeals from a Superior Court judgment dismissing his application for postconviction relief. On appeal, the applicant argues that his petition for postconviction relief should have been granted based upon ineffective assistance of counsel and that the trial justice should have held an evidentiary hearing regarding his claim of ineffective assistance of counsel.
2010-425-M.P. State v. Giulio Lancellotta (show cause)
The defendant seeks review of a Superior Court judgment finding him to be a violator of a previously suspended sentence. He claims that he was denied his right to counsel of his choice when the magistrate refused to continue the case to allow him to retain private counsel. He also claims that the state failed to meet its burden of proof, and that the sentence imposed by the magistrate was improper.