Tassone v. State
42 A.3d 1277
R.I.2012Background
- Tassone was convicted of a grisly 1997 murder and sentenced to life without parole; Rhode Island affirmed on direct appeal.
- Tassone filed a postconviction relief petition in 2000 alleging ineffective assistance of trial counsel and perjury by witnesses.
- Counsel entered and withdrew multiple times; a final attorney filed a no-merit memorandum under Shatney procedure.
- Record issues included missing trial transcripts, complicating assessment of trial counsel’s effectiveness.
- The Superior Court denied relief in 2010 after reviewing briefs and materials, without an evidentiary hearing due to missing transcripts.
- Rhode Island Supreme Court vacated the judgment, remanding for an evidentiary hearing, addressing whether a hearing was required in a life-without-parole case.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of postconviction relief without an evidentiary hearing was proper | Tassone | State | Not proper; evidentiary hearing required due to missing transcripts and unresolved issues |
| Whether trial counsel was ineffective for not calling an eyewitness | Tassone | Tassone's counsel acted strategically | Issue warranted evidentiary development; record insufficient to resolve prejudice |
| Whether failure to have a DNA/forensic analysis of Miranda forms was ineffective assistance | Tassone | No merit; tactical decisions supported | Record insufficient; remand for inquiry warranted |
| Whether excessive reliance on Shatney memoranda justified dismissal | Tassone | Memoranda sufficient; no need for hearing | Excessive reliance; require evidentiary hearing in life-with-parole case on first application |
Key Cases Cited
- State v. Tassone, 749 A.2d 1112 (R.I.2000) (direct appeal affirming conviction and outlining underlying facts)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (standard for ineffective assistance of counsel)
- Sosa v. State, 949 A.2d 1014 (R.I.2008) (opportunity to respond to proposed dismissal; Shatney framework)
- Brown v. State, 32 A.3d 901 (R.I.2011) (deference to hearing findings; de novo review for mixed questions)
- Thornton v. State, 948 A.2d 312 (R.I.2008) (how to apply Shatney with no-merit determinations)
- State v. D'Alo, 477 A.2d 89 (R.I.1984) (trial transcript as probative evidence in postconviction review)