Doyle v. State, 79-237-C
| Decision Date | 18 January 1980 |
| Docket Number | No. 79-237-C,79-237-C |
| Citation | 411 A.2d 907,122 R.I. 590 |
| Parties | Gary DOYLE v. STATE. A. |
| Court | Rhode Island Supreme Court |
This is an appeal from a summary denial by the Superior Court of an application for postconviction relief brought pursuant to G. L. 1956 (1969 Reenactment) tit. 10, ch. 9.1, as enacted by P.L. 1974, ch. 220, § 3. The facts underlying this petition are as follows.
Gary Doyle (petitioner) was indicted by the grand jury for the counties of Providence and Bristol on March 14, 1975, for assault with a dangerous weapon upon and murder of a four-year-old child. The petitioner was represented by an assistant public defender. Suppression hearings began on September 18, 1975, and concluded on September 24, 1975. The trial of the case commenced immediately upon conclusion of the suppression hearings and continued until October 3, 1975, at which time petitioner pleaded guilty to murder in the second degree. Pursuant to this plea, he was sentenced to a term of thirty-five years' imprisonment at the Adult Correctional Institutions (ACI) of which sentence twenty-five years were to be served and ten years were to be suspended; and petitioner was to be placed on probation for a period of ten years from and after the date of his release from the ACI.
On February 17, 1976, petitioner was heard on a motion to reduce sentence, and said motion was denied. Thereafter, petitioner sought appointment of private counsel for the purpose of filing an application for postconviction relief. Present counsel was appointed by this court, and an application for postconviction relief was filed on February 23, 1979, in the Superior Court for the county of Providence.
On May 4, 1979, the petition for postconviction relief came on for hearing before the justice who had tried the case and taken the plea of guilty. This hearing was for the purpose of passing upon a motion by petitioner to compel the state to file an answer that had not been filed in accordance with § 10-9.1-6(a), and also to pass upon certain preliminary motions by petitioner, including a motion for appointment of experts. The trial justice had before him certain witnesses' affidavits which suggested that petitioner had smoked marijuana on the day he pleaded guilty to the murder charge. Counsel for petitioner requested permission to present evidence from additional witnesses who would testify concerning petitioner's use of marijuana and his condition on the date of the plea. Counsel for petitioner also sought appointment of an expert witness who would testify concerning the effect of marijuana use upon the voluntariness of petitioner's plea. The trial justice declined to hear any evidence from petitioner. He denied the motions for discovery and appointment of experts. He granted the motion to compel an answer by the state and also heard the testimony of the member of the public defender's office who had represented petitioner during the trial and plea of guilty to the second degree murder charge. This witness had been called by the trial justice and was interrogated by the court. The trial justice overruled petitioner's objections to the presentation of testimony from the member of the public defender's staff. He also overruled protests based on the inability of petitioner's counsel to cross-examine this unexpected witness. The case was continued until June 5, 1979.
On June 5, 1979, the trial justice, after hearing argument, declined to hear any further evidence offered by petitioner on the ground that he was so persuaded by his own recollection of petitioner's plea, coupled with the testimony by the attorney who had represented petitioner, that there was no genuine issue of material fact. He then granted a motion by the state for summary judgment pursuant to § 10-9.1-6(c) which provides that:
"The court may grant a motion by either party for summary disposition of the application when it appears from the pleadings, depositions, answers to interrogatories, and admissions and agreements of fact, together with any affidavits submitted, that there is no genuine issue of material fact and the moving party is entitled to judgment as a matter of law."
Section 10-9.1-7 provides that all rules and statutes applicable in civil proceedings shall apply to postconviction actions. Thus, summary judgment...
To continue reading
Request your trial
-
Reyes v. State
...exist; the hearing justice cannot resolve those issues or “pass on the weight or credibility of the evidence.” Doyle v. State, 122 R.I. 590, 594, 411 A.2d 907, 909 (1980). On appeal from a summary dismissal under § 10–9.1–6, “[w]e will uphold the [hearing] justice's decision only if the rec......
-
Mikaelian v. Drug Abuse Unit, 83-113-A
...the parties was entitled to judgment as a matter of law. See, e.g., Ludwig v. Kowal, --- R.I. ---, 419 A.2d 297 (1980); Doyle v. State, 122 R.I. 590, 411 A.2d 907 (1980); Warren Education Association v. Lapan, 103 R.I. 163, 235 A.2d 866 (1967). Applying these principles to the case at bar, ......
-
Estate of Giuliano v. Giuliano
...should not be evaluated at the summary judgment stage. Steinberg v. State, 427 A.2d 338, 340 (R.I. 1981); see also Doyle v. State, 122 R.I. 590, 411 A.2d 907, 909 (1980); see generally Beaton v. Malouin, 845 A.2d 298 ...
-
Dellay v. R.I. Parole Bd.
...civil proceedings; thus, Rule 56 of the Superior Court Rules of Civil Procedure is applicable to the present case. Doyle v. State, 122 R.I. 590, 593, 411 A.2d 907, 909 (1980). In reviewing a motion for summary judgment, the trial judge must review the evidence "in the light most favorable t......