History
  • No items yet
midpage
State v. Thomas G. Lamoureux
58 A.3d 189
R.I.
2013
Read the full case

Background

  • Lamoureux pled guilty to manslaughter in 1994 and received 30 years with 10 to serve, 20 suspended, plus 20 years probation.
  • He has twice been adjudged a probation violator; the third violation is the subject of this appeal.
  • Events underlying the violation occurred on October 7–8, 2011; a hearing was held December 7, 2011.
  • On Oct. 7, 2011, Joanne Michaud testified Lamoureux forcibly took about $480, cut her purse strap with scissors, slapped her, and left.
  • On Oct. 8, 2011, Lamoureux allegedly assaulted Joanne at a barbecue, injured David Michaud, and fled; a knife was involved but was not recovered.
  • The hearing justice found a probation violation and sentenced Lamoureux to seven years of the previously suspended sentence; judgment dated January 20, 2012 and retroactive to Oct. 8, 2011.

Issues

Issue Plaintiff's Argument Defendant's Argument Held
Whether evidence supports probation violation under Rule 32(f). Lamoureux argues the evidence is dubious and conflicting. Lamoureux contends the crimes are unproven or not proven beyond reasonable doubt. Evidence sufficient; not arbitrary or capricious.

Key Cases Cited

  • State v. Delarosa, 39 A.3d 1043 (R.I. 2012) (sets standard for probation-violation review; requires reasonably satisfactory evidence)
  • State v. English, 21 A.3d 403 (R.I. 2011) (defines appellate review of probation violations)
  • State v. Bouffard, 945 A.2d 305 (R.I. 2008) (probation-violation evidence standard)
  • State v. Pona, 13 A.3d 642 (R.I. 2011) (credibility and weight of witnesses in probation hearings)
Read the full case

Case Details

Case Name: State v. Thomas G. Lamoureux
Court Name: Supreme Court of Rhode Island
Date Published: Jan 17, 2013
Citation: 58 A.3d 189
Docket Number: 2012-120-C.A.
Court Abbreviation: R.I.