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22 A.3d 385
R.I.
2011
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Background

  • Murray was adjudicated on probation for 1996 child molestation convictions and later allegedly violated conditions by moving to New York without approval.
  • The probation condition required Murray to remain in Rhode Island unless the court or Probation Counselor approved otherwise.
  • New York refused to supervise Murray's probation, and Murray subsequently ceased Rhode Island residence in 2006.
  • A March 9, 2007 violation hearing was held, with multiple continuations through May 15, 2007, where Murray was found in violation of probation.
  • The hearing court vacated the suspended sentence and ordered Murray to serve the full nine-year term, with credit for time served.
  • Murray appealed pro se, arguing various flaws in the violation proceeding and his original trial, but the Rhode Island Supreme Court affirmed the judgment.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether Murray violated probation by moving to New York without permission. Murray moved to New York contrary to the stay-residence condition. Murray contends errors in the violation hearing and claims related to his original trial. Yes; the court held Murray violated probation.
Whether the violation finding was arbitrary or capricious. Record shows Murray's conduct violated the terms; credibility findings support violation. Murray argues errors in the hearing process and that findings were not properly supported. No; the court found no arbitrary or capricious conduct by the hearing justice.

Key Cases Cited

  • State v. Horton, 971 A.2d 606 (R.I.2009) (probation-violation review focuses on arbitrariness in credibility and finding)
  • State v. Maloney, 956 A.2d 499 (R.I.2008) (standard for reviewing probation-violation determinations)
  • State v. McLaughlin, 935 A.2d 938 (R.I.2007) (credibility and factual support in violation findings)
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Case Details

Case Name: State v. Murray
Court Name: Supreme Court of Rhode Island
Date Published: Jun 29, 2011
Citations: 22 A.3d 385; 2011 R.I. LEXIS 106; 2011 WL 2565397; 2007-325-C.A.
Docket Number: 2007-325-C.A.
Court Abbreviation: R.I.
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