Joseph Jolly v. A.T. Wall
2013 R.I. LEXIS 25
| R.I. | 2013Background
- Jolly charged Feb 2008 with three counts of 2nd-degree child molestation and one count of 1st-degree child molestation.
- Plea agreement: three 2nd-degree counts pled nolo contendere; 1st-degree count dismissed under Rule 48(a).
- Postconviction relief filed Feb 2010 alleging involuntary plea (medication) and ineffective assistance of counsel.
- Plea hearing transcript shows thorough colloquy; judge found voluntary, with factual basis for the plea.
- Postconviction hearing held Jan-Feb 2010; judge denied relief, finding no ineffective assistance or involuntariness; imposed sentence was 20 years with 5 to serve and 15 suspended.
- State did not present witnesses at postconviction relief; record reflects extensive cross-examination and witnesses on Jolly’s behalf.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Was Jolly’s plea voluntary entering the nolo contendere pleas? | Jolly asserts medication impaired voluntariness. | State argues plea was voluntary and informed. | Plea voluntary; no coercion found. |
| Did counsel provide ineffective assistance affecting the plea? | Counsel pressured plea and hid meds, affecting voluntariness. | Counsel gave sound advice; no prejudice shown. | No ineffective assistance; burden not met. |
| Should adverse inference be drawn from not calling plea attorney? | State’s failure to call attorney should imply adverse testimony. | No obligation to call; risks unproven inference. | No reversible error; inference not required. |
Key Cases Cited
- Gonder v. State, 935 A.2d 82 (R.I. 2007) (standard for voluntariness and counsel impact on plea)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (establishes performance prejudice standard)
- Moniz v. State, 933 A.2d 691 (R.I. 2007) (highly deferential review of counsel performance)
- Anderson v. State, 45 A.3d 594 (R.I. 2012) (burden on postconviction relief; focus on plea voluntariness)
- DiPrete v. Retirement Bd., 845 A.2d 270 (R.I. 2004) (adverse-inference rule for missing witness testimony)
- State v. Rogers, 687 A.2d 1242 (R.I. 1996) (no inference when witness not uniquely available)