209 A.3d 1185
R.I.2019Background
- On July 19, 2014, Ty-Shon Perry was shot and killed near 69 River Avenue in Providence; multiple eyewitnesses placed the shooter near a tree across the street, wearing a white T‑shirt and black basketball shorts.
- LaShae Cornwell, a former neighbor, identified Justice Andrade as the shooter; other witnesses saw a white car with a loud/rattling muffler flee the scene.
- Police focused on Andrade after learning he had driven his girlfriend’s white car that night; an arrest warrant issued July 19 and Andrade surrendered July 21, 2014.
- At the station Andrade met privately with an attorney for about five minutes, waived Miranda rights, and gave two recorded statements (a second interrogation occurred after the attorney left); he later admitted his alibi was false.
- A grand jury indicted Andrade on first‑degree murder, discharge of a firearm in the commission of a murder, and carrying a pistol without a license; after a three‑week jury trial he was convicted on all counts and sentenced to consecutive prison terms.
- On appeal Andrade challenged (1) denial of his motion to suppress statements given at the station, (2) an alleged conflict of trial counsel, (3) admission of gang‑related evidence and photos, and (4) several jury‑instruction issues; the Supreme Court affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppression of statements (first interrogation) | State: statements voluntary and admissible; Miranda warnings were given | Andrade: waiver involuntary because station attorney provided ineffective assistance and induced statement | Court: Sixth Amendment right to counsel had not yet attached pre‑indictment; Miranda/Fifth Amendment analysis controls; denial affirmed |
| Suppression of statements (second interrogation) | State: admissible and not specifically challenged below | Andrade: statements in second interrogation should be suppressed because counsel had left | Court: Claim waived on appeal for failure to preserve below; no review |
| Conflict of interest by trial counsel | State: no actual conflict shown; representation of unrelated client did not create divided loyalties | Andrade: trial counsel also represented another defendant connected to key witness (Cornwell) and used inside knowledge, creating an actual conflict that impaired defense | Court: Issue better raised in postconviction relief and lacks merit on direct appeal — no evidence counsel struggled to serve two masters; no Sixth Amendment violation |
| Admission of gang evidence and photos | State: evidence showed association with gang members and probative context; photos showed gang signals and motive | Andrade: gang evidence and old photos were irrelevant and highly prejudicial; moved to exclude | Court: In limine rulings are preliminary; defendant failed to renew/focus objections at trial so arguments waived; evidence admissible and probative |
Key Cases Cited
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel and measuring prejudice)
- Miranda v. Arizona, 384 U.S. 436 (U.S. 1966) (custodial interrogation warnings and Fifth Amendment privilege against self‑incrimination)
- Kirby v. Illinois, 406 U.S. 682 (U.S. 1972) (Sixth Amendment right to counsel attaches at initiation of adversary judicial proceedings)
- Escobedo v. Illinois, 378 U.S. 478 (U.S. 1964) (addressed counsel and pre‑indictment interrogation; later limited by Miranda/Kirby reasoning)
- Colorado v. Connelly, 479 U.S. 157 (U.S. 1986) (voluntariness inquiry focuses on governmental coercion; courts not to divine defendant’s subjective motives)
- Cuyler v. Sullivan, 446 U.S. 335 (U.S. 1980) (when defendant fails to raise conflict at trial, must show actual conflict that adversely affected counsel’s performance)