Supreme Court

Criminal Case Summaries 2022

2022-155-C.A. State of Rhode Island v. Mark Chez (show cause)

Plaintiff appeals from a judgment of conviction on one count of carrying a pistol without a license in violation of § 11-47-8(a). He argues that the trial judge erred in denying his motion for judgment of acquittal and his motion for new trial.

2022-302-C.A. In re C.R. (show cause)

Petitioners appeal from an order denying their motion to obtain a transcript of a juvenile delinquency proceeding, at which a juvenile pled nolo contendere to charges stemming from a motor vehicle in which the petitioners’ son was killed. Petitioners assert the Family Court erred in denying their motion because he misconstrued § 14-1-66 and misapplied the holding from In re Falstaff Brewing Corporation, 637 A.2d 1047 (R.I. 1994).

2022-243-C.A. Francisco Martinez v. State (full briefing)

The State of Rhode Island seeks review by certiorari of an order granting defendant’s application for postconviction relief. The state contends that the hearing judge erred in ordering defendant’s immediate release on parole when he determined defendant’s parole eligibility from a life sentence followed by a consecutive sentence of 20 years, with five years to serve, by using an aggregation formula.

2022-15-CA State v. Jason Ortiz (full briefing)

The defendant appeals from a judgment of conviction on one count of carrying a pistol without a license in violation of G.L. 1956 § 11-47-8(a). On appeal he argues the judge erred in denying his motion to dismiss this charge because the statute violates the Second Amendment right to keep and bear arms, and R.I.’s licensing scheme gives authorities the discretion to deny licenses based on perceived lack of need or suitability in violation of the Second Amendment. The state contends that he lacks standing to challenge the licensing scheme.

2022-36-CA. State v. Justin Prout (show cause)

The defendant appeals from an adjudication of probation violation that required him to serve two years of a previously imposed suspended sentence. The defendant contends that the evidence did not support a finding that he failed to keep the peace and be of good behavior.

2022-152-C.A. State v. Victor Tavares (full briefing)

The defendant appeals from a Superior Court judgment of conviction of two counts of first-degree sexual assault and one count of conspiracy to commit sexual assault. He was sentenced to 40 years imprisonment, 30 years to serve on each sexual assault charge, and 10 years, suspended, for conspiracy. These terms are to be served concurrently with each other, but consecutive to a sentence he is now serving after being adjudicated a violator of his probation on a previous sentence.

2022-63-C.A. State v. Marklyn Brown (full briefing)

The state appeals from an order granting the defendant’s motion to suppress. The state asserts that the trial judge erred: (1) in suppressing portions of defendant’s statement made to the Providence police, because defendant’s request to speak with his mother did not constitute an invocation of his Fifth Amendment right to remain silent; and (2) in suppressing defendant’s recorded conversation with his mother, because he did not have a reasonable expectation of privacy in the police station.