State v. Powell
2010 R.I. LEXIS 101
R.I.2010Background
- Undercover officers conducted a cocaine sale sting with Powell on April 10, 2008.
- Powell was arrested, charged with unlawful delivery of cocaine and a school-zone offense, and placed on probation.
- A probation-violation report was filed April 11, 2008; he was held without bail and a violation hearing was scheduled.
- Powell's appointed counsel sought to withdraw and for alternative counsel; the court denied both requests.
- A one-week continuance was granted to May 30, 2008; after further proceedings the hearing concluded with Powell found to be a violator and sentenced.
- The Rhode Island Supreme Court affirmed, holding no abuse of discretion in denying new or alternate counsel and no exceptional circumstances for discharge of counsel.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of a continuance to obtain private counsel was proper | Powell argues failure to grant continuance prejudiced defense | State contends no abuse; public interest in timely adjudication | No abuse; continuance properly denied |
| Whether the appointment of alternate counsel should have been granted | Powell sought private counsel or new appointed attorney | Counsel provided was competent and conflicts unlikely | Not warranted; no exceptional circumstances; court did not abuse discretion |
Key Cases Cited
- State v. Gilbert, 984 A.2d 26 (R.I.2009) (balancing continuance and right to counsel in probation hearings; abuse of discretion standard)
- State v. Sampson, 884 A.2d 399 (R.I.2005) (continuance/alternative counsel considerations; not a continuing objection when advised of denial)
- State v. Dias, 374 A.2d 1028 (R.I.1977) (eleventh-hour continuance; private counsel not shown; abuse of discretion absent exceptional facts)
- State v. Goncalves, 941 A.2d 842 (R.I.2008) (effective assistance of counsel; informs standard for evaluating court-appointed counsel)
- State v. Burke, 811 A.2d 1158 (R.I.2002) (factors for evaluating continuance requests; relevance to discretion)
- State v. Caprio, 819 A.2d 1265 (R.I.2003) (balancing test in continuance decisions; prompt administration of justice)