Michael Bell v. State of Rhode Island
71 A.3d 458
| R.I. | 2013Background
- Bell witnessed a fistfight at Murphy Field; he used a baseball bat against Ian Kerr allegedly to defend a friend.
- Bell was charged with felony assault in Newport Superior Court after the incident in October 2007.
- Trial was a bench trial; defense counsel discovered undisclosed witnesses and sought continuances, with the court ordering written statements.
- During trial, new evidence led to a mistrial motion; the motion was denied, witness statements compelled, and trial resumed after further continuances.
- Two affirmative defenses were presented (self-defense and defense of others); Bell was convicted on July 1, 2009, and sentenced to 15 years with four years to serve and eleven years’ probation.
- Bell filed a postconviction-relief petition in February 2010; a hearing was held in late 2010 and the trial justice denied relief on May 10, 2011; final judgment entered September 21, 2011.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel’s performance was deficient under Strickland | Bell claims counsel gave incorrect advice hindering plea consideration | State contends no plea offer was conveyed and counsel acted within client’s wishes | No deficient performance; counsel acted within client’s decisions and provided capable advocacy |
| Whether Bell was prejudiced by counsel’s performance | Bell would have accepted a favorable plea if offered | No plea offer proven; military service goal and trial strategy negate prejudice | No prejudice; no proven plea offer or likelihood of a different outcome |
Key Cases Cited
- Chapdelaine v. State, 32 A.3d 937 (R.I. 2011) (standard for postconviction relief; mixed/facts review)
- Gordon v. State, 18 A.3d 467 (R.I. 2011) (de novo review for constitutional questions in PCR)
- Rice v. State, 38 A.3d 9 (R.I. 2012) (Strickland standard; heavy presumption in favor of counsel)
- Strickland v. Washington, 466 U.S. 668 (1984) (establishes deficient performance and prejudice prongs)
- Missouri v. Frye, 132 S. Ct. 1399 (2012) (plea negotiations; right to competent counsel during plea offers)
- Lafler v. Cooper, 132 S. Ct. 1376 (2012) (ineffective assistance during plea negotiations; impact on outcome)
- State v. D’Alo, 477 A.2d 89 (R.I. 1984) (choice between trial tactics; not per se deficient)
- United States v. Bosch, 584 F.2d 1113 (1st Cir. 1978) (standard for evaluating counsel’s strategic decisions)