LEUTHAVONE v. Wall

Supreme Court of Rhode Island

LEUTHAVONE v. Wall

969 A.2d 46, 2009 R.I. LEXIS 45, 2009 WL 1312687

CourtSupreme Court of Rhode Island

DecidedApril 24, 2009

Docket2007-240-A

StatusPublished

This text of 969 A.2d 46 (LEUTHAVONE v. Wall) 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

LEUTHAVONE v. Wall, 969 A.2d 46, 2009 R.I. LEXIS 45, 2009 WL 1312687 (R.I. 2009).

Pincite

Opinion

ORDER

This case was scheduled for oral argument on May 13, 2009. The State, however, has filed a confession of error acknowledging that the Superior Court justice in this case erred in failing to provide the applicant with an opportunity to respond to the proposed dismissal “in contravention of R.I. General Laws § 10-9.1-6(b)(2009) and this Court’s postconviction relief doctrine.” After reviewing the record on appeal, we conclude that the confession of error should be accepted. Accordingly, the applicant’s appeal is sustained; the Superior Court order denying the application for postconviction relief is vacated; and the papers in the case are ordered remanded to the Superior Court so that the applicant may be given an opportunity to reply to the proposed dismissal.

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ORDER

This case was scheduled for oral argument on May 13, 2009. The State, however, has filed a confession of error acknowledging that the Superior Court justice in this case erred in failing to provide the applicant with an opportunity to respond to the proposed dismissal “in contravention of R.I. General Laws § 10-9.1-6(b)(2009) and this Court’s postconviction relief doctrine.” After reviewing the record on appeal, we conclude that the confession of error should be accepted. Accordingly, the applicant’s appeal is sustained; the Superior Court order denying the application for postconviction relief is vacated; and the papers in the case are ordered remanded to the Superior Court so that the applicant may be given an opportunity to reply to the proposed dismissal.

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Bluebook (online)

969 A.2d 46, 2009 R.I. LEXIS 45, 2009 WL 1312687, Counsel Stack Legal Research, https://law.counselstack.com/opinion/leuthavone-v-wall-ri-2009.