Supreme Court

Criminal Case Summaries 2021

2021-109-M.P. State v. Edward Mather (full briefing)
2021-110-M.P.

The petitioner challenges the denial of his motion to be discharged from an order of commitment and to have the criminal charges pending against him dismissed based on his incompetency to stand trial in these consolidated cases. He contends that he should have been discharged within 30 days of the finding that he could not be restored to competency. He contends that § 40.1-5.3-3(m) requires his discharge.

2021-337-CA. State v. John Davis (show cause)

The defendant appeals from an order denying his motion to correct an illegal sentence. The defendant asserts that the trial justice erred in denying his motion because the 10-year non-parolable sentence he received under the Habitual Offender Act was foreclosed by the plain language of G.L. 1956 § 12-19-21(b).

2021-334-C.A. State v. Terrell Bliss (show cause)
2021-335-C.A.

These consolidated cases are before the Court on appeal by the defendant from a judgment of probation violation. On appeal, defendant asserts that the hearing judge erred because the state did not prove by a preponderance of the evidence that defendant had violated the terms and conditions of his probation.

2021-76-M.P. Miguel Rivera v. State (full briefing)

The state seeks review of the Superior Court’s grant of the respondent’s application for postconviction relief. The state contends that the Superior Court overlooked evidence in granting postconviction relief. The state also contends that the respondent was not prejudiced by any alleged ineffective assistance of counsel. The state additionally argues that it was not objectively unreasonable for the respondent’s trial counsel to refrain from objecting to the respondent’s police statement under the circumstances of the case.

2021-164-C.A. State v. Jerome Joseph (show cause)
2021-166-C.A. State v. Voguel Figaro

The state appeals from the granting of defendants’ motions to suppress evidence obtained after police stopped a motor vehicle. The state asserts that the trial judge erred because: (1) the state police had reasonable suspicion to support detaining the defendants and allowing a police dog to perform a narcotic sniff; and (2) no evidence of racial bias existed.

2021-168-C.A. State v. Derrick Goncalves (show cause)
2021-169-C.A.
2021-170-C.A.

The defendant appeals from judgments of conviction for probation violation. He claims that the hearing judge erred in finding that he had violated his probation because the judge made erroneous credibility assessments of three of the witnesses who testified at the violation hearing.

2021-153 State v. Junjie Li (full briefing)

The state appeals from an order suppressing evidence of approximately 94 pounds of marijuana seized from the car the defendant was driving when it was stopped on Interstate 95. The state contends that the police officer had reasonable suspicion to detain the defendant’s motor vehicle to bring in another officer with a drug sniffing dog. The officer detected a slight odor of marijuana near the passenger in the car and noticed that the passenger and the defendant exhibited nervous behavior.

2021-154 State v. Zhong Kuang (full briefing)

The state appeals from an order suppressing evidence of approximately 94 pounds of marijuana seized from the trunk of a car in which the defendant was a passenger. The state contends that it had reasonable suspicion to detain the motor vehicle for a drug sniffing dog when the police officer who stopped the vehicle for a seat belt infraction detected a slight odor of marijuana near the defendant and observed nervous behavior on the part of the defendant and the driver of the car. The state contends that the police officer acted reasonably under the circumstances.

2021-163-C.A. State v. Angelo Fraley (show cause)

The defendant appeals from a judgment of conviction after a trial judge sitting without a jury found him guilty of first-degree sexual assault by force or coercion in violation of § 11-37-2. On October 23, 2020, the trial judge filed a written decision in which she found defendant guilty beyond a reasonable doubt. On January 7, 2021, defendant’s new trial motion was denied and he was sentenced to 25 years, 12 years to serve, 13 years suspended, and with 13 years of probation. The defendant argues on appeal that a new trial is required in the interest of justice because the judge overlooked relevant and material evidence.

2021-104-C.A. State v. James Perkins (show cause)

The defendant appeals from an adjudication of probation violation. The defendant was previously convicted of conspiracy to violate the controlled substances act and deemed to be a habitual criminal in 2014. For the present violation, the defendant was sentenced to three years of his suspended sentence for the conspiracy conviction. The defendant argues that the evidence presented by the state was insufficient to establish a probation violation. The defendant also argues that his sentence for the violation was excessive.

2021-34-C.A. State v. Napoleao Pires (full briefing)

The defendant appeals from a conviction on one count of carrying a firearm without a license and one count of possession of a controlled substance. On appeal defendant asserts that the judge erred in denying his motion to suppress, based on his argument that an anonymous tip alone was insufficient to support the search of defendant.

2021-101-C.A. State v. Charles Kenner (show cause)
2021-102-C.A.

These consolidated cases are before the Court on appeal by the defendant from adjudications of probation violation. Before this Court, defendant asserts that the trial judge erred in finding that he had failed to keep the peace and be of good behavior.

2021-138-C.A. State v. Cesare Decredico (show cause)

The defendant appeals from a decision affirming the classification of the defendant as a risk level II sex offender. On appeal, defendant asserts that the Superior Court justice erred in affirming the magistrate’s order because: (1) the Superior Court magistrate relied on a particular assessment instrument known as the STABLE-2007, which defendant asserts is not a validated risk assessment tool for purposes of classification; and (2) because the Sex Offender Board of Review did not utilize reasonable means to collect the information used in the STABLE-2007.

2021-71-C.A. State v. Treven Leonard (full briefing)

The defendant appeals from a judgment of conviction on two counts of second-degree sexual assault. The defendant claims that the trial judge erred in denying both his motion for a mistrial and his motion for a new trial, that the state wrongfully shifted the burden of proof to him in closing argument, and that the submission of evidence about the complaining witness having suffered sexual molestation as a child was inappropriate and prejudicial.

2021-47-C.A. State v. Carlton Vose (show cause)

The defendant appeals pro se from an adjudication of probation violation. The defendant previously pled nolo contendere to unlawful appropriation in excess of $1,000. He was sentenced to 10 years, with two years to serve and the remaining time suspended with probation. He was also ordered in his sentence to pay $520,295.46 in restitution, perform 250 hours of community service, and pay an assessment of $450. The defendant contends that the hearing judge did not have the authority to extend the time he could be incarcerated for a probation violation and did not have the ability to increase the time frame for his sentence based on an outstanding restitution amount due.