Hughes v. State, 94-481-CA

Decision Date10 April 1995
Docket NumberNo. 94-481-CA,94-481-CA
Citation656 A.2d 971
PartiesJames J. HUGHES III v. STATE.
CourtRhode Island Supreme Court
OPINION

PER CURIAM.

This case came before the Supreme Court on March 14, 1995, pursuant to an order directing both parties to appear and show cause why this appeal should not be summarily decided. James J. Hughes III (applicant or Hughes) has appealed the denial of his application for postconviction relief following his conviction of felony murder for which he was sentenced to life imprisonment.

After hearing the arguments of counsel and reviewing the memoranda submitted by the parties, we are of the opinion that cause has not been shown, and the appeal will be decided at this time.

The applicant contends that his appellate counsel's assistance was ineffective because she failed to raise certain issues on appeal. The standard for reviewing a claim of ineffective assistance of counsel is set forth in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). Under Strickland, a defendant must show that counsel's performance was deficient and that the deficient performance prejudiced the defense. Brown v. Moran, 534 A.2d 180, 182 (R.I.1987) (quoting Strickland, 466 U.S. at 687, 104 S.Ct. at 2064, 80 L.Ed.2d at 693). To meet this burden, a defendant must overcome a strong presumption that counsel's conduct falls within the wide range of reasonable professional assistance and sound trial strategy. Id. (quoting Strickland, 466 U.S. at 689, 104 S.Ct. at 2065, 80 L.Ed.2d at 694-95). Last, a defendant must show that there is a reasonable probability that, but for counsel's errors, the result of the proceedings would have been different. Id. (quoting Strickland, 466 U.S. at 694, 104 S.Ct. at 2068, 80 L.Ed.2d at 698).

The applicant first argued that his appellate counsel, a public defender, failed to brief and argue on appeal the trial justice's admission of certain "gruesome" photographs of the victim. At the postconviction hearing, counsel gave undisputed testimony that Hughes agreed with her strategy of not including on appeal the weak issue of the admissibility of the photographs. Even if the issue had been raised, Hughes has failed to prove that he would have succeeded on appeal. Although the photographs were graphic, they were probative of the cause of the victim's death and the severity of the beating. See State v. Correia, 600 A.2d 279, 285 (R.I.1991). This court has consistently held that, when such evidence is probative, the trial court's admission of explicit photographs is not an abuse of discretion and will not be disturbed on appeal. See State v. Rivera, 640 A.2d 524, 526 (R.I.1994); State v. Lionberg, 533 A.2d 1172, 1180 (R.I.1987). The applicant has failed to establish that appellate counsel's performance was either deficient or prejudicial with respect to the issue of the admissibility of the photographs.

The applicant next contended that appellate counsel's performance was deficient because she failed to challenge allegedly erroneous jury instructions given by the trial justice. The decision not to challenge the trial justice's inclusion of the terms "acting in concert" and "conspiracy" in the instructions to the jury was reasonable. Counsel testified that she believed that the record supported the giving of the "acting in concert" instruction. In addition, the trial justice noted that Hughes himself had suggested that a conspiracy existed. The applicant...

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45 cases
  • State v. O'BRIEN, 98-261-C.A.
    • United States
    • Rhode Island Supreme Court
    • 29 Junio 2001
    ...the trial court's admission of explicit photographs is not an abuse of discretion and will not be disturbed on appeal." Hughes v. State, 656 A.2d 971, 972 (R.I. 1995). "By their very nature, crime-scene photographs or pictures of murder victims may unsettle or even horrify the viewer, yet t......
  • Barros v. State
    • United States
    • Rhode Island Superior Court
    • 18 Mayo 2015
    ... ... range of reasonable professional assistance and sound trial ... strategy." Hughes v. State , 656 A.2d 971, 972 ... (R.I. 1995); accord Gonder v. State , 935 A.2d 82, 86 ... (R.I. 2007) (holding that a "strong (albeit ... ...
  • Barros v. State
    • United States
    • Rhode Island Superior Court
    • 18 Mayo 2015
    ...that counsel's conduct falls within the wide range of reasonable professional assistance and sound trial strategy." Hughes v. State, 656 A.2d 971, 972 (R.I. 1995); accord Gonder v. State, 935 A.2d 82, 86 (R.I. 2007) (holding that a "strong (albeit rebuttable) presumption exists that counsel......
  • Quinn ex rel. Silvermine Bay, Inc. v. Yip
    • United States
    • Rhode Island Superior Court
    • 20 Julio 2018
    ...representation of the client by the remaining lawyers in the firm." Supreme Court R. of Prof. Conduct 1.10(a); see also Hughes v. State, 656 A.2d 971, 972 (R.I. 1995) ("Rule 1.10 . . . prohibits lawyers associated in a firm from representing a client when any one of them practicing alone wo......
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