2011-398 State v. Markus Matthews (full briefing)
The defendant appeals from a conviction for first degree robbery. The defendant argues that double jeopardy was violated in allowing the jury to deliberate on two robbery counts for one robbery incident; the statement of Michael Long was erroneously admitted in violation of the confrontation clause; hearsay statements of Michael Long were erroneously admitted; and the trial judge erred in denying his motion for a new trial.
2011-357 Department of Corrections v. Grotzinger (show cause)
The Rhode Island Department of Corrections appeals from an order permitting defendant to travel to out-of-state hockey games pursuant to his employment as an athletic trainer with the Providence Bruins. The DOC contends that the Superior Court did not have the authority to allow defendant to travel out of state while incarcerated under home confinement, that defendant consented to the prohibition against out-of-state travel when he signed the home confinement agreement, and the Superior Court violated the doctrine of separation of powers when it unconstitutionally intruded upon the executive branch’s supervision of inmates.
2011-305 State v. Paul Fleck (full briefing)
The defendant appeals from a conviction after jury trial on one count of simple domestic assault charged pursuant to § 11-5-3 and § 12-29-5. The defendant argues that the trial justice erred in denying his motion for judgment of acquittal made at the close of the state’s case, and in denying his motion for new trial, by finding that the defendant and the complaining witness were in a domestic relationship as “family or household members,” pursuant to § 12-29-2(b).
2011-346 State v. James Gaffney (show cause)
The defendant appeals from a conviction of simple assault and battery. He argues that the state’s evidence was legally insufficient to satisfy the statutory requirement in § 11-5-2 (c) that the attack resulted in “serious bodily injury.”
2011-216 State v. Luigi Ricci (show cause)
The defendant appeals from Superior Court judgments finding him to be in violation of his probation and ordering him to serve terms of imprisonment on three previously suspended sentences. The defendant contends that the hearing justice’s credibility findings were erroneous.
2011- 327 Miguel Camacho v. State (show cause)
The applicant appeals from a Superior Court order denying his application for postconviction relief. The applicant contends that the trial justice who accepted his 1993 plea failed to ensure that he entered his plea knowingly or that there was a sufficient factual basis for the plea.
2011-153 State v. Gary Santos (show cause)
The defendant appeals from a Superior Court judgment of conviction for carrying a firearm without a license. The defendant claims that the trial justice erred in denying his motion to suppress evidence found in his vehicle. He also claims that there was insufficient evidence presented to support a verdict of guilty.
2011-97 State v. Nayquan Gadson (show cause)
The defendant appeals from a conviction for second degree robbery. The defendant contends that the trial judge erred in not dismissing the second degree robbery charge after the jury told the clerk that the defendant was not guilty of larceny. The defendant also argues that the trial judge should have severed the firearms charges of his co-defendant. In addition, the defendant argues that the trial judge erred in denying his motion in limine to exclude certain firearm evidence.
2011-183 State v. Keith Harrison (show cause)
The defendant appeals from a conviction for simple domestic assault. The defendant contends that the trial judge erred in permitting a police officer to testify that he saw handcuffs and knives on the defendant’s dresser. The defendant further contends that the trial judge erred in permitting a police officer to testify that the defendant admitted that he owned a pair of handcuffs. The defendant also argues that the trial judge erred in denying his motion for a new trial.
2011-118 State v. James Paola (show cause)
The defendant seeks review on certiorari from a judgment of conviction on one count of first-degree child molestation, one count of second-degree child molestation, and one count of third-degree sexual assault. The victims were the defendant’s stepdaughters. Before this Court, the defendant contends that the trial justice erred in failing to grant his motion for a new trial. The bases for that contention are the defendant’s underlying assertions that the verdict in this case failed to do substantial justice and that the trial justice overlooked and misconceived material evidence in reaching his decision denying the motion. The defendant in particular alleges a lack of credibility at trial of the complaining witnesses and their mother, defendant’s ex-wife.
2011-339 State v. Jose Rivera (show cause)
The defendant appeals from a Superior Court order denying his motion to reduce sentence under Rule 35 of the Superior Court Rules of Criminal Procedure. Defendant was sentenced to terms that amount to life imprisonment plus 16 years for seven counts involving sexual assault against three developmentally disabled women. As grounds for his appeal, defendant argues that: (1) the sentence imposed was exceptionally disproportionate to those imposed by the same trial justice in other cases; (2) there is nothing to be gained by keeping defendant, who is 53 years old, in prison for life plus 16 years; and (3) the trial justice erred in construing defendant’s nonparticipation in sex offender counseling as being tantamount to a failure to accept responsibility for his crimes.
2011-374 State v. Gerald Lynch (show cause)
The defendant is before this Court on a writ of certiorari seeking review of the denial of his motion to reduce sentence. A jury convicted defendant of four counts of first-degree sexual assault and he was sentenced to 20 years, 10 years to serve on each count to run concurrently. This Court affirmed his judgment of conviction in State v. Lynch, 19 A.3d 51 (R.I. 2011). Here, defendant argues that the trial justice erred by failing to exercise discretion and reduce his sentence. He contends that a reduction in sentence is warranted because, given his advanced age, this is essentially a life sentence, his health situation is “precarious,” and he demonstrated good behavior while out on bail.
2011-281 In re Irving Briggs (show cause)
2012-308
Although Rhode Island law provides detailed procedural protections prior to transfers of inmates from the Adult Correctional Institutions to the state’s mental health facility, the procedures mandated for transfers back to the prison are less elaborate. The respondent, an inmate at the ACI, has appealed from an order of the Superior Court granting an oral, emergency petition brought by the director of the department of Mental Health, Retardation and Hospitals pursuant to Rhode Island General Laws § 40.1-5.3-9 to return the inmate to the ACI after a stay at the forensic unit of the Eleanor Slater Hospital. The respondent also appeals from a later decision of the Superior Court finding that the inmate had sufficiently recovered from his mental health, so that he no longer required specialized in-patient psychiatric services at the forensic unit and that respondent’s contention that a conspiracy existed among MHRH staff and administration to remove him from the hospital without regard for his rights to a pre-transfer hearing under the forensic commitment statute, § 40.1-5.3-1, et seq., was without merit.
2011-309-A. William Lamont Thomas v. Omar Proctor (show cause)
Plaintiff appeals from the denial of his motion for new trial after a jury verdict for the defendant. On appeal he argues that the trial justice erred when he restricting his closing argument on damages, and erred when he admitted a Known Persons Intelligence Report showing that he was charged with carrying a shotgun in 1992.
2011-19-C.A. State v. Preston Moore (show cause)
The defendant appeals from the denial of his motion to vacate his classification as a level three sex offender and from the denial of his motion to reopen an adjudication of violation based upon his failure to register a change of address. The defendant argues that because he is an out-of-state sex offender he has not been afforded the same treatment as other juvenile sex offenders in regards to sex offender registration. He argues that he should not be subject to public registration because he was convicted of his offense when he was 13 years old. He also contends that there is no vehicle for him to contest his sex offender classification.
2011-43-C.A. State v. John Ford (show cause)
The defendant appeals from an adjudication of probation violation based upon an alleged domestic assault. The defendant claims that the trial justice erred in refusing to allow a letter into evidence and in limiting cross-examination of the alleged victim. The defendant also claims that the finding of violation is not supported by sufficient credible evidence.
2011-154-C.A. State v. Julie Long (show cause)
The defendant appeals from a judgment of conviction for one count of manufacturing or cultivating marijuana, for which she received a 10-year sentence, with 18 months to serve and the remainder suspended with probation. On appeal she asserts that the trial justice erred in denying her motion for judgment of acquittal and argues that the trial justice erred in providing an instruction on aiding and abetting.
2011-157-C.A. State v. Bradley Bellem (show cause)
The defendant appeals from an adjudication of probation violation for violating a no-contact order. The defendant argues that the state failed to present sufficient evidence to prove that a violation had occurred.
2011-178-C.A. State v. Dean DeRobbio & Joseph Joubert (full briefing)
The state appeals from a pretrial order dismissing a five-count criminal information based on The Edward O. Hawkins and Thomas C. Slater Medical Marijuana Act. On appeal the state challenges the trial justice’s interpretation of the act.
2011-190-C.A. State v. Mark Ceppi (full briefing)
The defendant appeals from a judgment of conviction for one count of domestic felony assault and one count of domestic simple assault. The defendant contends that the trial judge erred in denying his motion to dismiss the two counts pursuant to Rule 9.1. The defendant also argues that the trial judge erred in permitting two witnesses to testify on hearsay regarding the victim’s injuries. He further argues that the trial judge erred in limiting the defendant’s cross-examination of the victim. The defendant additionally argues that the state should not have been permitted to inquire about an incident involving the defendant and his former wife.
2011-274-C.A. State v. Daniel Graca (full briefing)
The defendant appeals from the denial of his motion to expunge his record and from the denial of his motion to reconsider that decision. The defendant asserts that the hearing justice erred in determining that the defendant was not eligible for expungement or to have his record sealed pursuant to § 12-19-19(c).
2011-297-A. Joseph Hall v. State (show cause)
This case is before the Court on appeal by the petitioner from the denial of his application for postconviction relief. Petitioner argues that the hearing justice erred in denying his claim that the trial testimony of an Alcohol, Tobacco, Firearms, and Explosives agent as to the petitioner’s credibility improperly prejudiced the jury, notwithstanding a curative instruction given by the trial justice.
2011-303-A. Harold Hazard v. State (full briefing)
The petitioner appeals from the denial and dismissal of his application for postconviction relief that was based on ineffective assistance of counsel. Trial counsel was deceased at the time the application was filed. The petitioner argues that his trial counsel was ineffective in providing confidential medical records to the state and in failing to object to evidence introduced by the state. The petitioner also argues that his trial counsel acted ineffectively in failing to introduce certain police reports and DCYF records helpful to his defense.
2011-322-A. Firlando Rivera v. State (show cause)
The petitioner appeals from the denial of his application for postconviction relief. The petitioner was convicted of first degree murder, committing a crime of violence while carrying a firearm, carrying a firearm without a license, and possession of a firearm after having been previously convicted of a crime of violence. The petitioner contends that his trial attorneys committed ineffective assistance of counsel in the following areas: (1) having a conflict of interest; (2) failing to employ a third-party culprit defense; (3) not pursuing a pretrial motion to suppress; and (4) failing to adequately investigate and prepare for trial.
2011-355-A. Michael Bell v. State (full briefing)
The petitioner appeals from the denial of his application for postconviction relief. The petitioner argues that his trial counsel provided ineffective assistance of counsel. He contends that his trial counsel provided erroneous advice about affirmative defenses that influenced him to proceed to trial. He suggests that his trial counsel’s advice caused him not to consider a beneficial plea offer.
2011-47-C.A. State v. James Briggs (full-briefing)
2011-50-C.A. State v. Anna Mathias
This case is before the Court on the consolidated appeals of two defendants from the denial of their motions to seal records pursuant to Rhode Island General Laws §§ 12-19-19(c) and 12-1-12. On appeal, defendants assert that the hearing justice erred: (1) in declining to apply the sealing portion of the statute retroactively; (2) in finding that the amended provision at § 12-19-19(c) violates the separation of powers doctrine; and, (3) in failing to sever the “shall be exonerated” portion of the statute from the “shall be sealed” portion.
2011-52-C.A. State v. Eileen Morrice (full-briefing)
This case is before the Court on appeal by the defendant from the denial of her motion to seal records, pursuant to Rhode Island General Laws §§ 12-19-19 and 12-1-12. On appeal, defendant asserts that the hearing justice erred: (1) in declining to apply the amendment to the statute retroactively to her deferred sentencing agreement; and, (2) in finding that the amended provision at § 12-19-19(c) violates the separation of powers doctrine.
2011-73-A. Kevin Lyons v. State of Rhode Island (show cause)
This case is before the Court on appeal by the petitioner from the denial of his second application for postconviction relief. On appeal, the petitioner asserts that the hearing justice erred in regard to: (1) petitioner’s claim of “actual innocence”; (2) a note contained in the record, apparently drafted by the jury foreperson; (3) petitioner’s statute of limitations claim; (4) petitioner’s assertion that he was wrongly denied parole by the parole board; and (5) the apparent conflict between the oral sentencing of petitioner by the trial justice and the written judgment of conviction.
2011-12-C.A. State v. Yoneiry Delarosa (show cause)
The defendant appeals from an adjudication of probation violation. The defendant contends that the state should have apprised him of a witness’s testimony prior to the probation violation proceedings. He also contends that the trial judge erred in finding the witness’s testimony to be credible. The defendant additionally argues that either he or his attorney should have been permitted to address the Superior Court prior to the imposition of his sentence.
2011-46-A. Emmanuel Barbosa v. State of Rhode Island (show cause)
Petitioner appeals from an order denying and dismissing his application for postconviction relief. On appeal, petitioner asserts that the postconviction relief hearing justice overlooked or misconceived material evidence in her review of the deposition testimony of one witness, and accordingly, erred in rejecting petitioner’s ineffective assistance of counsel claim, based on his assertion that his trial attorney should have called the deponent as a witness.
2011-77-C.A. Nelson Bido v. State of Rhode Island (full briefing)
Petitioner appeals from the denial of his petition for postconviction relief. On appeal, the petitioner asserts that the hearing justice erred in his application of the two-prong Strickland v. Washington test as to ineffective assistance of counsel, which petitioner had asserted in his application, based on his trial counsel’s failure to raise a claim of constitutional violation due to lack of a speedy trial.
2011-96-C.A. State v. Emmanuel Ramos (show cause)
The defendant appeals from a judgment of conviction and commitment entered after an adjudication of probation violation. Defendant contends that the hearing justice erred in admitting testimony as to written and oral statements made by the complaining witness to the police officer at the scene. The complaining witness was unavailable to testify due to the invocation of her Fifth Amendment privilege at the hearing; defendant claims that the statements were impermissible hearsay warranting a reversal of the adjudication.