DELIBERATE HOMICIDE: Supervisory control of H. Brown granted allowing State to present psychological rebuttal to Defendant’s expert as to mitigating circumstances pursuant to case law and notwithstanding §45-5-103 (1997) amendments making mitigated deliberate homicide no longer affirmative defense. [Read more…]
Fitness, developmental disability, murder/kidnap
FITNESS to stand trial not automatically precluded by developmental disability… factual determination by Simonton that murder/kidnap Defendant is fit not amenable to supervisory control… order. [Read more…]
Prisoner mistreatment, juvenile jail detainee
PRISONER MISTREATMENT: “Prisoner” in 45-5-204 includes juvenile jail detainee, not limited to one serving prison sentence, charge against deputy improperly dismissed… H. Brown reversed. [Read more…]
Prisoner mistreatment, detained juvenile
PRISONER MISTREATMENT: “Prisoner” in 45-50-204 means one serving sentence at prison or other State facility as result of conviction, not applicable to juvenile detained in interview room at jail pending relocation and wearing restraint… [Read more…]
CA disqualification, sheriff’s deputy defendant
COUNTY ATTORNEY DISQUALIFICATION: CA’s Office disqualified from prosecuting sheriff’s deputy charged with mistreating prisoner because of conflict of interest, appearance of impropriety… dismissed without prejudice to new information by AG… H. Brown. [Read more…]
Murder dismissal, with v. without prejudice
MURDER DISMISSAL: Triple murder charges dismissed without prejudice due to death of key witness and lack of credibility of another and new evidence undermining proof that Defendant was in vicinity… Molloy. [Read more…]