Justia Rhode Island Supreme Court Opinion Summaries

Defendant pled nolo contendere to breaking and entering. Over the next several years, the state filed five notices of probation violation against Defendant. The fourth notice of violation, the subject of this appeal, alleged that Defendant had violated R.I. Gen. Laws 11-8-2 by breaking and entering a residence. The sentencing magistrate revoked five years of Defendant's previous suspended sentence and retained eight years of that suspended sentence, with probation. Defendant subsequently filed a motion for modification or reduction of his sentence and a separate motion to vacate his sentence. A sentencing magistrate denied Defendant's motion. The Supreme Court granted in part and denied in part Defendant's appeal, holding (1) because Defendant had been released from prison, the issues that were raised about his admission of probation violation and the length of time that he was required to serve for violation of the conditions of his probation were moot; and (2) the sentencing magistrate erred when she calculated the time that remained on Defendant's suspended sentence and probation. Remanded. View "State v. Isom" on Justia Law

Defendants were charged with possessing marijuana with the intent to deliver it in violation of the Uniform Controlled Substances Act (CSA), manufacturing marijuana, and conspiracy to violate the CSA. Defendants moved to dismiss the criminal information as to all counts, relying on an affirmative defense and dismissal provision set forth in the Medical Marijuana Act. The superior court dismissed the criminal information, determining that Defendants lawfully possessed an authorized amount of marijuana plants and usable marijuana. The Supreme Court vacated the judgment of the superior court, holding that because, in contravention of the plain terms of the Act, no evidentiary hearing was held to show Defendants were in possession of an amount of medical marijuana that conformed to the limits set forth in the Act, the court's dismissal was premature. Remanded. View "State v. DeRobbio" on Justia Law

After a jury trial, Defendant was convicted of simple assault and disorderly conduct. The Supreme Court affirmed, holding that the superior court did not commit reversible error in refusing to (1) holding a posttrial evidentiary hearing to determine if the jury was racially biased or if certain juror misconduct had occurred; (2) permit the all fifteen jurors who heard the evidence to be seated on the deliberating panel, as no more than twelve jurors may be seated unless both parties agree; and (3) instruct the jury that aggressive actions of the police could constitute a defense to the charge of disorderly conduct. View "State v. Brown" on Justia Law

The director of the Department of Mental Health, Retardation and Hospitals (Department) petitioned the superior court for an emergency transfer of Irving Briggs, a sentenced inmate, from the forensic unit of the Eleanor Slater Hospital, where Briggs was receiving mental-health services, back to the Adult Correctional Institutions (ACI) where he had previously been incarcerated. The superior court allowed an emergency transfer in the absence of a full evidentiary hearing, finding that potential harm could occur to others if Briggs were to remain at the forensic unit. After a post-transfer evidentiary hearing, a mental health advocate filed a motion to impose sanctions, alleging that the Department contrived a materially inaccurate set of facts to secure an immediate discharge of Briggs from the hospital. The trial justice declined to find a conspiracy among the Department staff and administration to remove Briggs from the forensic unit at any and all costs. The Supreme Court affirmed, holding (1) the trial justice did not abuse his discretion when it denied to impose sanctions; and (2) Briggs's argument that his emergency transfer to the ACI violated his procedural due process rights was moot. View "In re Briggs" on Justia Law

Defendant pled guilty to eight felony counts relating to his unethical conduct as a member of the town council. On the day of his sentencing, the U.S. district court entered an order of forfeiture requiring Defendant to forfeit $46,000 to the federal government, representing the bribe money Defendant received to perform official acts as town council member. While Defendant was employed, he had contributed $30,554 to the Employees' Retirement System of Rhode Island (ERSRI). While a member of the town council, Defendant had contributed $5,490 to the Municipal Employees' Retirement System (MERS). Both ERSRI and MERS were administered by the Retirement Board of ERSRI (Board). After the Board refused to refund Defendant's contributions to ERSRI, Defendant filed a complaint against the Board, contending that the Board was obligated to return his contributions to him. The trial justice (1) revoked Defendant's MERS pension in its entirety, and (2) ordered the Board to return to Defendant the contributions he had made to ERSRI. The Supreme Court affirmed, holding that, because the federal court issued neither a judgment nor an order of restitution against Defendant, the Board had no statutory basis upon which it could refuse Defendant's demand for a return of his contributions. View "Zambarano v. Ret. Bd. of Employees' Ret. Sys. of R.I." on Justia Law

In 2002, Defendant pleaded guilty to several criminal offenses and was sentenced to a term of probation. In 2009, Defendant was adjudged to be in violation of his probation. The superior court subsequently executed six years of Defendant's previously imposed sentence. Defendant appealed, challenging the sufficiency of the evidence in support of the superior court's judgment. The Supreme Court affirmed, holding that the evidence was sufficient to support the hearing justice's finding that Defendant failed to keep the peace or remain on good behavior, and thus, the hearing justice did not rule in an arbitrary or capricious manner in finding that Defendant violated the terms and conditions of his probation. View "State v. Lopes" on Justia Law

After a jury trial, Defendant was convicted of manufacturing or cultivating marijuana. The Supreme Court affirmed the conviction, holding that the trial justice (1) did not err in denying Defendant's motion for a judgment of acquittal as to the charge of manufacturing and cultivating marijuana where the evidence was legally sufficient to support the conviction; (2) did not err in denying Defendant's motion for a judgment of acquittal as to aiding or abetting the manufacture and cultivation of marijuana because the evidence supported that offense; and (3) did not err when he instructed the jury that it could convict Defendant of manufacturing or cultivating marijuana as an aider or abettor. View "State v. Long" on Justia Law

After a jury trial, Defendant was convicted of robbery in the first degree, conspiracy to commit robbery, breaking and entering a dwelling without consent while the owner was on the premises, carrying a firearm without a license, and using a firearm during the commission of a crime of violence. Defendant appealed, arguing that the trial justice erred by admitting into evidence unredacted photographs not only that portrayed his tattoos, but his face as well. The Supreme Court affirmed, holding that the trial justice did not abuse his discretion in determining that the pictures showing Defendant's face were relevant or in admitting the photographs into evidence. View "State v. Delarosa" on Justia Law

After a jury trial, Defendant was convicted of several firearm offenses, eluding a police officer, and resisting arrest. Defendant's convictions were affirmed on appeal. Defendant subsequently filed an application for postconviction relief, claiming that the jury was improperly instructed and that the trial justice erred when he permitted an alcohol, tobacco, firearms, and exposives agent to "offer to the jury an opinion on the truthfulness of a statement" Defendant made. The trial justice dismissed Defendant's application. On appeal, Defendant argued that the agent's testimony was prejudicial and not capable of being cured with a cautionary instruction and that the cautionary instruction was improper. The Supreme Court affirmed, holding that Defendant's claims were barred by res judicata because Defendant failed to raise his claims on direct appeal. View "Hall v. State" on Justia Law

After a jury trial, Defendant was convicted of several acts of child molestation and sexual assault. Defendant filed a motion for a new trial, which the trial justice denied. The Supreme Court affirmed the denial of Defendant's motion for a new trial, holding that the trial justice independently evaluated the evidence and assessed the credibility of the witnesses and did not overlook relevant and material evidence, thoroughly reviewed and summarized the testimony of the trial witnesses and issued a comprehensive decision setting forth his reasons for denying the motion for a new trial, and therefore correctly determined that credible evidence existed to support the jury's finding of guilt. View "State v. Paola" on Justia Law