Roger T. Lamoureux v. State of Rhode Island
2014 R.I. LEXIS 108
| R.I. | 2014Background
- In 1990 Roger T. Lamoureux was convicted of first-degree sexual assault and sentenced to 25 years (15 to serve, 10 suspended). This Court affirmed his conviction in 1993.
- Lamoureux filed a pro se postconviction-relief (PCR) application in 2001 asserting ineffective assistance of trial counsel and trial-judge errors.
- Court-appointed PCR counsel filed a Shatney no-merit memorandum and moved to withdraw in 2004; the motion was granted and Lamoureux proceeded pro se.
- The Superior Court held a final evidentiary hearing (December 2004) at which Lamoureux presented no supporting evidence for his ineffective-assistance claim despite prior notice to be prepared to offer evidence.
- The hearing justice denied PCR: (1) trial-judge error claims were barred by res judicata; and (2) Lamoureux failed to prove the first Strickland prong (deficient performance). Lamoureux appealed; the Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Trial judge gave erroneous cautionary jury instruction | Lamoureux: instruction was improper and prejudicial | State: issue was raised or could have been raised on direct appeal; barred by res judicata | Court: barred by res judicata; not relitigable |
| Admission of prejudicial vaginal swab evidence | Lamoureux: trial judge erred in admitting the swab | State: same res judicata/merit defenses; previously litigated | Court: barred by res judicata; claim without merit |
| Denial of a fair trial by trial judge | Lamoureux: cumulative trial-judge rulings denied fair trial | State: claims were or could have been raised on direct appeal; procedurally barred | Court: barred by res judicata; no basis for relief |
| Ineffective assistance of trial counsel | Lamoureux: trial counsel’s performance was constitutionally deficient; sought evidentiary hearing to develop proof | State: Lamoureux failed to present evidence showing counsel’s performance fell below objective standard required by Strickland | Court: Lamoureux failed to satisfy Strickland first prong; no prejudice shown; PCR denied |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (establishes two-pronged ineffective-assistance standard)
- State v. Lamoureux, 623 A.2d 9 (R.I. 1993) (affirming applicant’s conviction on direct appeal)
- Shatney v. State, 755 A.2d 130 (R.I. 2000) (authorizes no-merit memorandum and counsel withdrawal procedure)
- Jolly v. Wall, 59 A.3d 133 (R.I. 2013) (discussion of applicant’s burden in PCR ineffective-assistance claims)