Lawrence v. State

Supreme Court of Rhode Island

Lawrence v. State

105 A.3d 98, 2015 R.I. LEXIS 5, 2015 WL 158894

Supreme Court of Rhode Island·Decided January 13, 2015·No. 2015-3-M.P.·Published

Opinion

ORDER

This is a petition for writ of habeas corpus wherein the petitioner asserts entitlement to bail pursuant to the provisions of G.L.1956 § 12-13-7, more than six months having elapsed from the date he was arraigned and ordered held without bail. This Court has held, however, that the six-month period within which a defendant must be tried or bailed under the cited statute commences when the defendant demands a trial. See In re Deslovers, 35 R.I. 248, 86 A. 657 (1913) and Bridges v. Superior Court, 121 R.I. 101, 396 A.2d 97 (1978). In this case, the petitioner’s speedy-trial demand was filed on August 12, 2014. Therefore the statutory six-month period has not yet run.

Accordingly, the petition for writ of ha-beas corpus is denied.

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ORDER

This is a petition for writ of habeas corpus wherein the petitioner asserts entitlement to bail pursuant to the provisions of G.L.1956 § 12-13-7, more than six months having elapsed from the date he was arraigned and ordered held without bail. This Court has held, however, that the six-month period within which a defendant must be tried or bailed under the cited statute commences when the defendant demands a trial. See In re Deslovers, 35 R.I. 248, 86 A. 657 (1913) and Bridges v. Superior Court, 121 R.I. 101, 396 A.2d 97 (1978). In this case, the petitioner’s speedy-trial demand was filed on August 12, 2014. Therefore the statutory six-month period has not yet run.

Accordingly, the petition for writ of ha-beas corpus is denied.

Lawrence v. State, 105 A.3d 98, 2015 R.I. LEXIS 5, 2015 WL 158894 (R.I. 2015).

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Opinion

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