OPINION Chief Justice Suttell , for the Court. Claiming that his defense counsel, who was not licensed to practice law in Rhode Island, was engaging in unlawful conduct, Kevin Millette (Millette or applicant) argues that he was denied his constitutional right to counsel when he pled nolo contendere to two criminal offenses and admitted to violating his probationary sentence. Millette further maintains that his defense counsel's associate, who was licensed in Rhode Island and who appeared...
OPINION Justice Indeglia , for the Court. This civil matter comes before the Court on appeal from a Superior Court judgment in favor of the plaintiff, Ms. Victoria Roach (Roach or plaintiff). The plaintiff slipped and fell while she was working as a per diem contract nurse at the Rhode Island Veterans Home (Veterans Home or the Home) on November 10, 2008. She brought suit against the State of Rhode Island and Gary Alexander in his official capacity as Director of the Rhode Island...
OPINION Chief Justice SUTTELL , for the Court. A wise jurist once wrote. "This is a hard case — hard not in the sense that it is legally difficult or tough to crack, but in the sense that it requires us * * * to deny relief to a plaintiff for whom we have considerable sympathy. We do what we must, for `it is the duty of all courts of justice to take care, for the general good of the community, that hard cases do not make bad law.'" Burnham v. Guardian Life Insurance Co. of America,...
OPINION Justice GOLDBERG , for the Court. General Laws 1956 12-19-18 was amended by the General Assembly in 2010, see P.L. 2010, ch. 311, 1, to provide that a sentence of imprisonment after a finding of probation violation shall be quashed, and the imprisonment terminated, in certain circumstances occurring after a judgment of probation violation is entered by a justice of the Superior Court. See 12-19-18(b). 1 In this appeal, we are called upon to determine whether this case —...
OPINION Justice FLAHERTY , for the Court. The respondent, Kyle A., appeals from an adjudication that he was delinquent for engaging in second-degree child molestation sexual assault in violation of G.L.1956 11-37-8.3. The respondent also was ordered to register as a sex offender. On appeal, the respondent argues that there was insufficient evidence to support the trial justice's finding that he touched the complainant for the purposes of sexual gratification and, therefore, it was error...
OPINION Justice INDEGLIA , for the Court. The Providence Journal Company and Amanda Milkovits (collectively, the Journal or plaintiffs), seek review of an order granting summary judgment entered against them and in favor of the Rhode Island Department of Public Safety, the Rhode Island State Police, and Steven G. O'Donnell, in his capacity as the Commissioner of the Rhode Island Department of Public Safety and Superintendent of the Rhode Island State Police (collectively, defendants). The...
OPINION Justice GOLDBERG , for the Court. This case came before the Supreme Court on December 1, 2015, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. The defendant, Curtis M. Isom (Isom or defendant), appeals from a judgment of conviction after a jury trial of one count of breaking and entering. Before this Court, the defendant argues that the trial justice erred in: (1) denying his motion for a...
OPINION Chief Justice SUTTELL , for the Court. The defendant, Craig Van Dongen, was found guilty of domestic simple assault and domestic disorderly conduct by a Superior Court justice sitting without a jury. He now appeals from the judgment of conviction, arguing that the trial justice erred by: (1) overlooking and misconceiving material evidence; (2) failing to apply the correct burden of proof with respect to his claim of self-defense; (3) barring evidence and cross-examination as to...
OPINION Justice GOLDBERG , for the Court. The defendant, Luis Roldan, was convicted of felony assault with a dangerous weapon, discharging a firearm while committing a crime of violence, and carrying a handgun without a license. On appeal, he contends that the trial justice erred in denying his motion for a new trial. For the following reasons, we affirm the judgment of conviction. Facts and Travel The genesis for the crimes of which defendant stands convicted was a love-triangle feud...
OPINION Justice FLAHERTY , for the Court. The defendant, Barry Offley, appeals to this Court, seeking to vacate his convictions for the execution-style murder of Jessica Imran and the serious wounding of Julie Lang. For the reasons set forth in this opinion, we affirm the judgment of the Superior Court. 1 Facts and Travel By July 26, 2006, Alonzo Shelton had been involved in an intermittent seven-year relationship with Brenda Alvarez. Although he listed his sister's apartment in...
OPINION Justice INDEGLIA , for the Court. On October 6, 2011, a Washington County Superior Court jury found the defendant, Kimberly Fry (defendant or Kimberly), guilty of second degree murder of her eight-year-old daughter in violation of G.L. 1956 11-23-1. On May 22, 2012, the trial justice sentenced the defendant to a term of forty years' imprisonment, with twenty years to serve and the remaining twenty years suspended, with probation. On appeal, the defendant contends that the trial...
ORDER This case came before the Supreme Court on October 7, 2015, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. We conclude that cause has not been shown and that the appeal may be decided at this time. For the reasons set forth herein, we affirm the judgment of the Superior Court. Following a trial in 2000, applicant, Juan Martinez, was convicted of one count of sexual assault in the first degree. He...
ORDER This case came before the Supreme Court on October 7, 2015, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. We conclude that cause has not been shown and that the appeal may be decided at this time. For the reasons set forth herein, we affirm the judgment of the Superior Court. In 1988, applicant, Stephen Mattatall, was convicted of second-degree murder and sentenced to sixty years imprisonment,...
OPINION Justice FLAHERTY , for the Court. Following a jury-waived trial before a justice of the Superior Court, the defendant, Francis Kolsoi, was convicted of five counts of stalking in violation of G.L.1956 11-59-2. The trial justice imposed a sentence of probation on each count to run concurrently. The defendant timely appealed his conviction to this Court. The matter came before us on October 7, 2015, under an order directing the parties to appear and show cause why the issues...
OPINION Justice GOLDBERG , for the Court. The defendant, James Oliveira (defendant or Oliveira), appeals from a Superior Court judgment of conviction on one count of first-degree child molestation. Oliveira raises two issues on appeal. First, he claims that the forty-five-month delay between the return of the record to the Superior Court after this Court vacated the conviction from Oliveira's first trial and the commencement of his retrial violated his right to a speedy trial. Second, he...
OPINION Justice INDEGLIA , for the Court. On July 19, 2013, a Providence County Superior Court jury found the defendant, Christopher Swiridowsky (defendant or Swiridowsky), guilty of three counts of first degree sexual assault in violation of G.L.1956 11-37-2 and 11-37-3, guilty of one count of assault with the intent to commit a sexual assault in violation of G.L.1956 11-5-1, and not guilty of one count of kidnapping under G.L.1956 11-26-1. On October 15, 2013, the trial justice...
OPINION Justice GOLDBERG , for the Court. This case came before the Supreme Court on October 1, 2015, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. The plaintiff, Willie Battle (plaintiff), appeals from the trial justice's denial of his motion for a new trial, 1 following a jury verdict in favor of the defendant, the State of Rhode Island (state). After hearing the arguments of counsel and...
OPINION Justice ROBINSON for the Court. On April 5, 2012, a Providence County Superior Court jury found the defendant, Elizabeth Mendez, guilty of possession of more than five kilograms of marijuana in violation of G.L.1956 21-28-4.01.2(a)(5). 1 On May 24, 2012, the trial justice sentenced the defendant to twenty years imprisonment, with five years to serve and the remaining time suspended with probation. On appeal, defendant contends: (1) that the trial justice erred in his...
OPINION Chief Justice SUTTELL , for the Court. The defendant, Reynaldo Gomez, appeals from a Superior Court judgment of conviction after having been found guilty by a jury of second-degree sexual assault in violation of G.L. 1956 11-37-4(2). 1 On appeal, the defendant contends that the trial justice erred in: (1) denying his motion for judgment of acquittal; 2 (2) denying his motion for a new trial; and (3) allowing the complaining witness's statements to the police officer at the...
OPINION Chief Justice SUTTELL , for the Court. The defendant, Justin Prout, appeals from a judgment declaring him to be in violation of the terms of his probation and sentencing him to serve thirteen years of a previously imposed suspended sentence. This case came before the Supreme Court pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After considering the parties' written and oral submissions and...
