State v. Bradley E. Bellem, 56 A.3d 432

Defendant Bradley E. Bellem pled nolo contendere in 2005 to two counts of felony domestic assault, each with eight-year sentences (one year to serve, seven suspended) to run concurrently with probation.
In 2009, Bellem pled nolo contendere to one count of violating a no-contact order, receiving five years at the ACI with one year to serve and four years suspended, with probation.
On November 7, 2010 Bellem was arrested for violating a no-contact order; a probation-violation report was filed the next day.
A December 15, 2010 probation-violation hearing featured Jay Rainville and Colette Spicer as witnesses about the November 7 events.
The hearing justice found Bellem violated two active no-contact orders and, therefore, violated the terms of probation, imposing four years of previously suspended sentence.
Bellem’s appeal argues there was insufficient reliable evidence to support the violation finding and challenges the hearing justice’s handling of judicial notice and credibility findings.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Did Bellem violate the no-contact orders by contacting Spicer on Nov 7, 2010?	Spicer’s testimony plus Rainville’s observations show violation.	Evidence is weak and lacks details showing harassment or intent.	Yes; the court affirmed the violation finding.
Was the trial court's credibility assessment and factual determination reasonable?	The witnesses’ testimony established violation beyond mere speculation.	Credibility and inference were not adequately supported by the record.	Yes; the court deferentially upheld credibility findings and violation ruling.
Was it proper to take judicial notice of two no-contact orders without objection?	Not explicitly objected to; issue raised on appeal.	Raise-or-waive doctrine forecloses challenge.	Proper; waiver allowed consideration of judicial notice.

State v. Shepard, 33 A.3d 158 (R.I. 2011) (probation-revocation standard and credibility review)
State v. English, 21 A.3d 403 (R.I. 2011) (lower burden of proof at probation-violation hearings)
State v. Jackson, 966 A.2d 1225 (R.I. 2009) (appellate deference to trial credibility assessments)
State v. Johnson, 899 A.2d 478 (R.I. 2006) (credibility and evidence standard in revocation cases)
State v. Conti, 672 A.2d 885 (R.I. 1996) (no-contact order contact considerations)
State v. John, 881 A.2d 920 (R.I. 2005) (strict no-contact order terms; no-contact interpretation)
State v. Cipriano, 21 A.3d 408 (R.I. 2011) (timeliness of appeal in revocation)