Supreme Court

Criminal Case Summaries 2015

2015-295 State v. Mario Souto (full briefing)

This case is before the Court on appeal by the defendant from a conviction on one count of assaulting a police officer with an injury resulting, one count of resisting arrest, and one count of disorderly conduct. On appeal, defendant asserts that the trial judge erred in finding that he made a voluntary, knowing, and intelligent waiver of his right to counsel.

15-204 State v. Tonya Withers (show cause)

Defendant appeals from a judgment and disposition for one count of simple assault following a five-day jury trial in Superior Court. The defendant was sentenced from the bench to one year of probation, no contact with the victim, and mental health counseling. Defendant raises two issues on appeal: she argues that the trial judge erred (1) in denying her new trial motion based on the weight of the evidence, and (2) when she denied defendant the right to represent herself.

2015-304 Tracey Barros v. State (full briefing)

Applicant challenges the denial of his application for postconviction relief, alleging that judge erred: (1) in denying his motion for funds to hire an expert on false confessions; (2) in denying his motion for the hearing judge to recuse himself from the postconviction proceedings; (3) in denying his claim of ineffectiveness of trial counsel; and (4) in denying his claim of ineffectiveness of appellate counsel.

2015-87 State v. Luis Padilla (show cause)

The defendant appeals from a judgment of conviction for first-degree robbery. He argues that the trial judge erred in misconstruing the complaining witness’s testimony, and misconstruing the testimony of the eyewitness.

2015-42 State v. Jose Angeles (show cause)

The defendant is before this Court on a writ of certiorari to review his conviction for one count of possession of cocaine, two counts of felony assault, one count of resisting arrest, and one count of reckless driving. He argues that a reference in jury instructions to a pretrial suppression hearing on the seizure of the cocaine prejudiced the jury.

2015-158 State v. Patrick McDonald (show cause)

The defendant appeals from a judgment of conviction for three counts of embezzlement over $100 and one count of felony conspiracy. The defendant argues that the trial judge abused his discretion in admitting a fax into evidence. The defendant also argues that his motion for a new trial should have been granted.

2015-253 Leonard Jefferson v. State (full briefing)

2015-323 The petitioner appeals from the denial of his application for postconviction relief. The petitioner contends that § 13-8-14(b), as applied against him, violates the ex post facto clause, due process, double jeopardy, and separation of powers. The petitioner argues that § 13-8-14(b) unconstitutionally denies him the possibility of parole.

2015-52 Abdoulie Njie v. State (show cause)

The petitioner appeals from the denial of his application for postconviction relief. The petitioner argues that the guilty plea he entered was not a knowing and voluntary plea. After the petitioner entered a guilty plea in exchange for a sentence of fifteen years with twelve years to serve for second degree sexual assault and five years suspended with probation for witness intimidation (to run consecutively to the first sentence), it was discovered that the maximum sentence for witness intimidation was one year. The five-year sentence was reduced to one year suspended with probation. The petitioner now contends that his plea was not knowing and voluntary because he was falsely told that the maximum punishment for witness intimidation was five years instead of one year.

2015-225 Jean Duvere v. State (show cause)

The petitioner appeals from a judgment denying his application for postconviction relief. The petitioner contends that he did not voluntarily, knowingly, and intelligently enter a plea of nolo contendere. The petitioner argues that he should have been provided a translator fluent in Haitian Creole at his plea hearing.