Brown v. State
32 A.3d 901
| R.I. | 2011Background
- Brown appeals pro se from Superior Court dismissal of his second postconviction-relief application.
- This is Brown I/II lineage: convictions for sexual assault and child molestation; trial up to 1991; first postconviction relief denied in 1995; affirmed on review in 1997.
- Brown filed a second postconviction-relief application in 2000, asserting newly discovered evidence, unlawful incarceration, and ineffective assistance related to failure to raise a statute-of-limitations defense.
- The hearing justice dismissed the second application, finding waived or meritless newly discovered evidence, affirmed discretion of parole statutes, and rejected the limitations argument.
- Brown timely appealed the dismissal, challenging procedural fairness, newly discovered evidence, unlawful incarceration, and the limitations defense; this Court summarily decides to affirm.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pro se hearing fairness | Brown asserts lack of full oral argument and subpoena rights | Rhode Island statute § 10-9.1-7 gives discretion to receive evidence; Brown declined offered evidence | No reversible error; procedures complied with statute; Brown had opportunity to respond and declined evidentiary hearing |
| Newly discovered evidence waiver and merits | Evidence available at first application; newly discovered evidence should be considered | Evidence existed at time of first application; waiver under § 10-9.1-8 bars second-application relief | Waived; second-application properly barred; no need to address merits |
| Unlawful incarceration | Parole statute § 13-8-10(a) mandates parole after one-third of aggregate sentence | Parole discretionary; concurrent sentences do not create mandatory parole; DeCiantis controls | No unlawful incarceration; interpretation consistent with DeCiantis and parole scheme |
| Statute of limitations | Counts charged before amendment; ineffective assistance claim due to counsel | Limitation issue waived for failure to raise at trial; Edmond J. Brown controls on merits | Waived; even if preserved, argument lacks merit under Edmond J. Brown |
Key Cases Cited
- State v. Laurence, 18 A.3d 512 (R.I. 2011) (standard for reviewing postconviction relief rulings)
- Edmond J. Brown v. State, 841 A.2d 1116 (R.I. 2004) (statute-of-limitations amendments; retroactivity and waiver considerations)
- Edmond J. Brown v. State, 841 A.2d 1116 (R.I. 2004) (retroactivity and waiver of limitations defense)
- Sosa v. State, 949 A.2d 1014 (R.I. 2008) (summary dismissal permitted with opportunity to respond)
- Brown v. State, 702 A.2d 1171 (R.I. 1997) (pro se postconviction relief and Strickland standard)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (ineffective assistance of counsel—two-prong test)