Victor R. Perez v. State of Rhode Island
2013 WL 119526
R.I.2013Background
- Perez was sentenced to life imprisonment in 2001 for first-degree murder of his mother; the conviction was affirmed on direct review.
- Perez filed a postconviction-relief application on June 15, 2006; counsel was appointed October 13, 2006 to represent him.
- Counsel prepared a 28-page no-merit memorandum; a hearing was held March 20, 2007; Perez was present and counsel was permitted to withdraw.
- The hearing court informed Perez he could proceed pro se; May 15, 2007, the court denied and dismissed the application; judgment entered July 10, 2007; Perez appealed.
- The Rhode Island Supreme Court affirmed the Superior Court’s denial, applying deference to the hearing justice’s findings and the postconviction-relief standards.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether counsel’s withdrawal complied with Shatney procedures | Perez argues procedures were not followed and withdrawal was premature | State argues the hearing justice followed Shatney’s steps | No error; procedures satisfied and withdrawal proper |
| Whether Perez was afforded an opportunity to reply to a proposed dismissal and may raise new grounds | Perez contends he was not given adequate opportunity to respond and could raise additional issues | State contends Perez was given an opportunity to reply; he did not file a response | Perez was afforded opportunity to reply; new grounds failed and precluded; denial upheld |
Key Cases Cited
- Shatney v. State, 755 A.2d 130 (R.I. 2000) (set forth withdrawal procedure for frivolous postconviction claims)
- Toole v. State, 713 A.2d 1264 (R.I. 1998) (no evidentiary hearing required when no genuine issue of fact; must allow reply)
- DeCiantis v. State, 24 A.3d 557 (R.I. 2011) (postconviction relief burden and standard of review)
- Higham v. State, 45 A.3d 1180 (R.I. 2012) (defines postconviction relief available to offenders)
- Brown v. State, 32 A.3d 901 (R.I. 2011) (great deference to findings of fact in PCR appeals)
- State v. Day, 925 A.2d 962 (R.I. 2007) (preclusion principles in postconviction matters)