State v. Mlyniec
15 A.3d 983
| R.I. | 2011Background
- defendant Brian Mlyniec charged with first-degree murder of Kelly Anderson; state sought life without parole under §11-23-2(4) for aggravated battery/torture; trial court denied motions to recuse and to suppress his June 26, 2006 statement; trial evidence included detailed account of events, sexual asphyxiation, and autopsy showing strangulation; videotaped police interview and Audet testimonial were admitted; verdict of guilty on July 3, 2008 with life without parole sentence imposed September 4, 2008; appellate review focused on suppression, Audet testimony, recusal, and sentencing
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Suppress June 26, 2006 statement? | State argued voluntary waiver; intoxication did not render it involuntary | Mlyniec contends intoxication/sleeplessness/depression rendered waiver involuntary | Statement voluntary; suppression denied |
| Admissibility of Melissa Audet testimony under Rule 404(b) and 403 | Audet testimony probative of plan, intent, knowledge, and absence of accident | Prejudicial and confusing; unduly prejudicial | Admissible; probative value not substantially outweighed by prejudice; proper limiting instruction |
| Trial judge recusal required? | N/A | Judge biased due to past involvement with defense counsel; appearance of impartiality | Recusal not warranted; judge did not demonstrate impermissible bias or appearance of impropriety |
| Life sentence without parole review under §12-19.2-5 | Preserve discretion; life without parole appropriate given circumstances | Sentence excessive; could be reduced to life with possibility of parole | Affirmed life without parole after independent review; no reduction warranted |
Key Cases Cited
- State v. Bido, 941 A.2d 822 (R.I.2008) (two-step voluntariness review for confessions; clear error standard for historical findings)
- State v. Perez, 882 A.2d 574 (R.I.2005) (voluntariness determined by totality of circumstances; deference to trial court findings)
- State v. Graham, 941 A.2d 848 (R.I.2008) (independent judgment on life-without-parole sentencing; factors incl. remorse and rehabilitation)
- State v. Motyka, 893 A.2d 267 (R.I.2006) (de novo review of life-without-parole sentence on direct appeal)
- State v. Pacheco, 763 A.2d 971 (R.I.2001) (necessity of independent sentencing review for LWP; statutory framework)
- State v. Brown, 898 A.2d 69 (R.I.2006) (extreme penalty reserved for narrow class of heinous crimes; aggravating battery)