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