Lawrence v. State

Supreme Court of Rhode Island

Lawrence v. State

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

CourtSupreme Court of Rhode Island

DecidedJanuary 13, 2015

Docket2015-3-M.P.

StatusPublished

This text of 105 A.3d 98 (Lawrence v. State) 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

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

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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.

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Bluebook (online)

105 A.3d 98, 2015 R.I. LEXIS 5, 2015 WL 158894, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lawrence-v-state-ri-2015.

Opinion

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