Supreme Court
Criminal Case Summaries 2014
2014-268 State v. Curtis Isom (show cause)
Defendant appeals from a conviction on one count of breaking and entering, for which he received a 15-year sentence. On appeal, defendant argues that the trial judge erred: (1) in denying his motion for judgment of acquittal, based on the assertion that the fingerprint evidence adduced at trial was insufficient to sustain his conviction; (2) in limiting defendant’s cross-examination of the state’s fingerprint expert; and (3) in denying his motion for new trial.
2014-252 State v. Francisco Maria (show cause)
Defendant appeals from a conviction on one count of possession of cocaine with intent to deliver. On appeal, he argues that the trial judge erred: (1) in denying his motion for judgment of acquittal, because the state presented insufficient evidence of defendant’s intent to deliver; and (2) in failing to instruct the jury on the lesser included offense of simple possession of cocaine.
2014-161 Pedro Reyes v. State (show cause)
In 1994, the applicant pled nolo contendere to an amended charge of maintaining a narcotics nuisance. The court imposed a two-year suspended prison sentence and a three-year term of probation. Nearly 18 years after his plea, applicant filed a pro se application for postconviction relief, alleging that trial counsel rendered ineffective assistance and that the trial judge erred when he accepted applicant’s plea, in part because no translator was offered to assist the applicant at that time. Applicant also contended that trial counsel failed to meet with applicant; conduct research; interview witnesses; and investigate evidence. On appeal, he argues that the 1994 plea colloquy was insufficient, particularly in light of his difficulty with the English language. He also contends that the case should be remanded for a hearing on his claim of ineffective assistance of postconviction relief counsel, who was allowed to withdraw his appearance, after submission of a Shatney brief.
2014-225 State v. Craig Von Dongen (show cause)
The defendant appeals from a judgment and disposition on one count of domestic disorderly conduct and from a judgment of conviction on one count of domestic simple assault, following a jury-waived trial. Defendant contends that the trial justice erred by: (1) misconceiving the probative force of what defendant refers to as unimpeached expert and other third-party evidence, and failing to state the reason for effectively rejecting the evidence; (2) failing to require that the state disprove self-defense beyond a reasonable doubt; (3) violating defendant’s constitutional rights and committing an abuse of discretion by excluding cross-examination and other evidence to show that defendant’s accuser was biased and motivated to fabricate testimony against defendant; and (4) committing an abuse of discretion by allowing evidence that supported the accuser’s testimony about an argument that preceded the assault and by simultaneously disallowing similar evidence that supported defendant’s testimony.
2014-216 State v. Alicia Williams (show cause)
The defendant appeals from a judgment of conviction for assault with a dangerous weapon. She challenges an evidentiary ruling made during trial and contends that the trial justice erred in denying her motion for a new trial.
2014-280 State v. Ricardo Flores (full briefing)
The defendant appeals from a judgment of conviction for assault with a dangerous weapon. The defendant challenges an evidentiary ruling made during trial and contends that the trial justice erred in denying her motion for a new trial.
2014-78 State v. Gary Gaudreau (full briefing)
Defendant appeals from a conviction on first-degree arson in violation of Rhode Island General Laws § 11-4-2.
2014-273 Stephen Mattatall v. State (show cause) Defendant Stephen Mattatall appeals from the Superior Court’s denial of his application for postconviction relief from his second-degree murder conviction.
2014-149 State v. Harry Brown (full briefing)
The defendant appeals from a Superior Court judgment finding him to be in violation of his probation. The defendant raises several issues related to the imposition of conditions by the out-of-state probationary department. He also claims that his right to confront and cross-examine witnesses was violated during the hearing, and that the sentence imposed by the hearing justice was erroneous.
2014-229 State v. Francisco Pacheco (show cause)
The defendant appeals from a conviction for possession of marijuana and for refusal to submit to a chemical test, second offense. The defendant claims that the trial justice erred in denying his motion to dismiss the chemical test refusal charge, and argues that the state was barred from pursuing this charge because it had been dismissed in traffic court.
2014-248 State v. Juan Gibson (show cause)
2014-249
2014-250
The defendant appeals from Superior Court judgments finding him to be in violation of his probation on previously imposed sentences. The defendant claims that the hearing justice acted arbitrarily or capriciously in finding him to be a violator.
2014-145 State v. Francis Kolsoi (show cause)
Defendant appeals from a conviction on five counts of stalking in violation of Rhode Island General Laws § 11-59-2(a)(2) for willfully, maliciously and repeatedly following five high school girls.
2014-50 State v. Curley Snell (show cause)
The petitioner appeals from the denial of his application for postconviction relief. He alleges that his court-appointed trial attorney committed a prejudicial error by not taking action to prevent the jury from hearing that he had been twice convicted of domestic violence offenses as an element of the simple assault count against him.
2014-30 Jose Dejesus v. State (show cause)
The applicant appeals from a Superior Court judgment denying his application for postconviction relief. Applicant contends that the hearing justice misconceived material evidence in evaluating applicant’s ineffective assistance of counsel claim. Applicant also contends that his recorded conversations with a cellmate should not have been admitted into evidence.
2013-364 In the matter of B.H. (full briefing)
2014-19 Respondent appeals from an adjudication that he was delinquent for committing first-degree child molestation sexual assault, in violation of § 11-37-8.1. He argues that the evidence was factually insufficient to establish sexual penetration as defined by § 11-37-1(8), and the evidence was legally insufficient to establish first-degree child molestation sexual assault.
2014-17 State v. Judith Rosenbaum (show cause)
2014-18
The defendant appeals from a Superior Court order sustaining a prior ruling by a Superior Court general magistrate denying defendant’s motion to reduce the amount of her monthly restitution payments. Before this Court, defendant contends that the evidence presented before the Superior Court demonstrated that she does not have the ability to pay the restitution as ordered, and therefore the lower court’s determination was clearly wrong and should be reversed.
