Greene v. McDonald

Supreme Court of Rhode Island

Greene v. McDonald

408 A.2d 615, 122 R.I. 889, 1979 R.I. LEXIS 1643

CourtSupreme Court of Rhode Island

DecidedOctober 26, 1979

DocketM. P. No. 77-194

StatusPublished

This text of 408 A.2d 615 (Greene v. McDonald) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Greene v. McDonald, 408 A.2d 615, 122 R.I. 889, 1979 R.I. LEXIS 1643 (R.I. 1979).

Pincite

Opinion

Reing adjudged guilty of criminal contempt by a justice of the District Court, petitioner, Catherine A. Greene, filed this petition for a writ of habeas corpus, seeking relief from an order confining her in the Women’s Division, Adult Correctional Institution, for a period of 30 days. Upon filing of her petition, she was released on bail pending consideration of her appeal by this court.

We have heard oral argument, considered the briefs submitted by counsel, examined both the record and the judge’s certification. We find the record silent as to the circumstances surrounding the alleged offense, making proper consideration and review of the petition impossible. We hereby [890]*890remand the petition for writ of habeas corpus and the papers to the Superior Court and direct said court to proceed to hold an evidentiary hearing. That court shall make findings as to the specific location of the alleged offense and as to all other facts and testimony attending the incident.

Everett A. Petronio, for petitioner. Dennis J. Roberts II, Attorney General. Frederick G. Cass, Special Assistant Attorney General, for respondent.

Upon termination of the evidentiary hearing in the Superior Court, the petition and papers therein shall be returned to this Court forthwith.

Free access — add to your briefcase to read the full text and ask questions with AI

Reing adjudged guilty of criminal contempt by a justice of the District Court, petitioner, Catherine A. Greene, filed this petition for a writ of habeas corpus, seeking relief from an order confining her in the Women’s Division, Adult Correctional Institution, for a period of 30 days. Upon filing of her petition, she was released on bail pending consideration of her appeal by this court.

We have heard oral argument, considered the briefs submitted by counsel, examined both the record and the judge’s certification. We find the record silent as to the circumstances surrounding the alleged offense, making proper consideration and review of the petition impossible. We hereby [890]*890remand the petition for writ of habeas corpus and the papers to the Superior Court and direct said court to proceed to hold an evidentiary hearing. That court shall make findings as to the specific location of the alleged offense and as to all other facts and testimony attending the incident.

Everett A. Petronio, for petitioner. Dennis J. Roberts II, Attorney General. Frederick G. Cass, Special Assistant Attorney General, for respondent.

Upon termination of the evidentiary hearing in the Superior Court, the petition and papers therein shall be returned to this Court forthwith.

Cite This Page — Counsel Stack

Bluebook (online)

408 A.2d 615, 122 R.I. 889, 1979 R.I. LEXIS 1643, Counsel Stack Legal Research, https://law.counselstack.com/opinion/greene-v-mcdonald-ri-1979.