23 A.3d 1133
R.I.2011Background
- The defendant, Ramondo Howard, appeals after a judgment following an adjudication of probation violation.
- Prosecution alleged violations of probation based on two counts of vandalism/malicious injury to property and two counts of larceny under $500, with a history spanning 1995–2005 across four sentences.
- Howard filed pro se motions to release his attorney and to appoint new counsel, and disclosed a disciplinary complaint against his attorney.
- During a November 21, 2005 hearing, the sentencing judge publicly denigrated Howard and excused his attorney, then directed selection of a new attorney.
- Weeks later, Howard sought recusal and a change of venue; the court denied both motions on January 5, 2006.
- A January 23–30, 2006 hearing found Howard violated probation, resulting in a partial sentence modification and judgment on February 27, 2006; Howard appealed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the hearing justice should have recused himself. | Howard asserts bias and lack of impartiality due to prehearing comments. | State contends no recusal was warranted given the timing and context. | Recusal required; judgment vacated. |
Key Cases Cited
- In re Murchison, 349 U.S. 133 (1955) (appearance of partiality violates due process)
- In re Union Leader Corp., 292 F.2d 381 (1st Cir. 1961) (trial fairness and impartiality standards)
- Mattatall v. State, 947 A.2d 896 (R.I. 2008) (recusal when bias is evident)
- Mlyniec, 15 A.3d 983 (R.I. 2011) (recusal standards and impartiality)
- Ryan v. Roman Catholic Bishop of Providence, 941 A.2d 174 (R.I. 2008) (bias can arise from pretrial conduct)
- Liteky v. United States, 510 U.S. 540 (1994) (prejudice from extrajudicial and intra-trial sources)
- Raheb v. Lemenski, 115 R.I. 576, 350 A.2d 397 (R.I. 1976) (colorful language not necessarily prejudice)
- Crescenzo, 114 R.I. 242, 332 A.2d 421 (R.I. 1975) (timing of remarks matters in prejudice analysis)
- Nordstrom, 122 R.I. 412, 408 A.2d 601 (R.I. 1979) (duty to keep an open mind to ensure justice)
- Leonard v. Willcox, 101 Vt. 195, 142 A. 762 (Vt. 1928) (appearance of justice considerations)