State v. Thomas G. Lamoureux
58 A.3d 189
R.I.2013Background
- 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)
