Supreme Court
Criminal Case Summaries 2016
2016-87 In re Adele B. (full briefing)
The respondent appeals from a decree terminating her parental rights to her daughter. The respondent contends that the Family Court judge erred in finding her an unfit parent and in finding that the termination of parental rights would be in the best interests of her daughter. The respondent also contends that the Family Court judge should have recused herself from the proceedings because of bias shown by her directing DCYF to file a termination petition when DCYF had not yet decided to do so and because of her frequent critical comments and interjections into cross-examination of the wit
2016-162 Sebastian Atryzek v. State (show cause)
The petitioner seeks review of the denial of his application for postconviction relief. He asserts that he should not have to register as a sex offender for life, because the now-repealed version of the sex offender registration act, in effect when he was sentenced, was ambiguous. He asserts that the rule of lenity should apply and the duration of his requirement to register should be based on the 1996 statute that replaced the repealed one. He also claims that his trial counsel was ineffective for failing to advise him that the duty to register was not a lifetime duty.
2016-117 Ricardo Hernandez v. State (show cause)
The petitioner contends that his due process rights were violated when his application for postconviction relief was summarily dismissed without a continuance to allow him to respond to the proposed dismissal. He also contends that the hearing judge should have permitted him to investigate whether genuine questions of material fact existed and he asserts that his postconviction relief failed to act as his advocate, as required under state law.
2016-182 State v. Tory Lussier (show cause)
The defendant appeals from a conviction following a bench trial for one count of felony assault. He contends that the trial judge abused his discretion, overlooked and misconceived material evidence, and was otherwise clearly wrong when he adjudicated defendant guilty and rejected defendant’s claim of self-defense.
16-134 State v. Gerald S. Mastracchio (full briefing)
16-146 16-147
Defendant is before the court on petitions for writ of certiorari after a finding of probation violation, after which 15 years of a previously suspended sentence was executed. On certiorari, defendant asserts that the hearing judge erred: (1) in finding that defendant had violated his probation, and (2) in executing 15 years of the previously suspended sentence, a term of incarceration which defendant argues is excessive. Defendant further argues that the judgment of probation violation should be vacated and this case remanded for further proceedings, given that Rule 32(f) of the Superior Court Rules of Criminal Procedure was amended while defendant’s appeal was pending, such that the state must establish “by a fair preponderance of the evidence that the defendant breached a condition of his/her probation.” Accordingly, defendant asserts that this significant change in procedure should be retroactively applied to his case.
16-244 State v. Tamika Carpenter (full briefing)
The defendant appeals from a ruling of the Superior Court to correct her sentence following her motion to receive credit for time served awaiting sentencing. The judge resentenced her by increasing the amount of time to serve to offset the credit for time already served. The judge indicated he did so because he wanted to keep the intent of his original sentence, which was based in part on her failure to appear for the original sentencing hearing and her absence from the jurisdiction. At issue is whether the court had the authority to do so pursuant to State v. Goncalves, 941 A.2d 842 (R.I. 2008).
16-283 State v. Walter Simpson (show cause)
Defendant appeals from a finding of probation violation after which the judge ordered him to serve 18 years of his remaining 20-year suspended sentence. The judge found the complaining witness, who testified the defendant repeatedly sexually assaulted her, to be credible. The defendant claims the judge went too far for a probation violation and was essentially punishing him for a criminal offense for which he had not yet been committed.
2016-5 Jonathan Moore v. State (show cause)
Applicant is an inmate at the Adult Correctional Institutions who requested that the Department of Corrections restore lost “good time” credits pursuant to the provisions contained in § 42-56-24. The department denied applicant’s request based upon its policy that applications for reinstatement will only be considered within 180 days of an inmate’s anticipated release date. Applicant made his request outside that time frame. According to applicant, the department’s policy was not in effect at the commencement of his incarceration, and therefore it amounts to an improper ex post facto imposition in violation of his due process rights.
2016-316 State v. Brandon Alves (full briefing)
Defendant appeals a conviction on one count of first-degree robbery and one count of conspiracy. He asserts that the trial judge erred: (1) in denying his motion to suppress an identification made by the complaining witness after viewing a single photograph of the defendant and (2) in admitting into evidence a photograph printed out from the internet and brought to the police by the complaining witness.
2016-143 Angel Navarro v. State (show cause)
The applicant appeals from the denial of his application for postconviction relief. He argues that his trial counsel provided ineffective assistance of counsel. He also argues that the trial judge’s colloquy during his plea was defective. In addition, the applicant argues that the state reneged on a plea deal.
2016-105 State v. Douglas Huntley (show cause)
The defendant appeals from an amended judgment of conviction for possession of a controlled substance, possession of a firearm after having been convicted of a crime of violence, carrying a pistol without a license, breaking and entering, and conspiracy to commit breaking and entering. He argues that the judge erred in denying his motion for judgment of acquittal both because the conspiracy conviction was based upon an improper pyramiding of inferences and because the state failed to prove the elements of breaking and entering
2014-356 Jeremy Motyka v. State (show cause)
The petitioner appeals from the denial of his application for postconviction relief. The petitioner asserts that the hearing justice erred in failing to conduct an evidentiary hearing regarding his application and in failing to allow petitioner to carry out appropriate discovery regarding the claims he raised in his application.
2016-102 Kendall Whitaker v. State (full briefing)
The state appeals from the granting of Kendall Whitaker’s application for postconviction relief. The state argues that the hearing justice erred in vacating the applicant’s convictions based on flawed jury instructions as to aiding and abetting.
2015-108 State v. Frederick Gibson (full briefing)
2016-149 Frederick Gibson v. State
Defendant seeks review on certiorari of the denial of his motion to dismiss a criminal information charging him with failure to notify the Woonsocket police of his change of residence pursuant to § 11-37.1-9 for registered sex offenders. He also appeals from the denial of his application for postconviction relief in which he challenged three convictions for his failure to notify local law enforcement of his residence as a sex offender in violation of § 11-37.1-9.
2016-17 State v. Noah Cook (show cause)
Defendant appeals from conviction of domestic felony assault and of simple domestic assault, On appeal, he argues that the trial judge erred in allowing the state to utilize defendant’s written plea discussion statement during cross-examination and to reference the statement in its closing. Defendant also asserts that his initial trial attorney provided ineffective assistance of counsel by breaching confidentiality and failing to appear at defendant’s trial, and that his actual trial attorney provided ineffective assistance of counsel by failing to object to the use of defendant’s plea discussion statement.
2016-57 State v. Benjamin Minior (full briefing)
The defendant appeals from a Superior Court order reinstating criminal counts of (1) operating a vehicle under the influence of alcohol and causing serious bodily injury and (2) operating a vehicle recklessly so as to endanger the public. Those criminal counts had been dismissed by a magistrate but were reinstated when a Superior Court judge vacated the magistrate’s dismissal. The defendant contends that the counts should have been dismissed on the grounds of collateral estoppel based on a prior proceeding in the traffic tribunal.
2016-30 State v. Daron Pailin (show cause)
The defendant appeals from a determination that he violated the terms and conditions of probation and imposing 15 years of a previously imposed sentence. He argues that the finding was erroneous and that the decision to impose 15 years was excessive and based on improper considerations
