Page v. State

995 A.2d 934, 2010 R.I. LEXIS 67, 2010 WL 2099293
CourtSupreme Court of Rhode Island
DecidedMay 26, 2010
Docket2004-105-Appeal
StatusPublished
Cited by27 cases

This text of 995 A.2d 934 (Page 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
Page v. State, 995 A.2d 934, 2010 R.I. LEXIS 67, 2010 WL 2099293 (R.I. 2010).

Opinions

OPINION

Justice ROBINSON

for the Court.

The applicant, William Page, having been previously convicted of first-degree murder and sentenced to life imprisonment without the possibility of parole, appeals to this Court from the Superior Court’s denial of his application for postconviction relief. On appeal, Mr. Page contends that his application should have been granted based on what he contends was the ineffective assistance of both his trial counsel and his appellate counsel.1

For the reasons set forth herein, we affirm the Superior Court’s judgment denying postconviction relief with respect to applicant’s representation by trial counsel — both during the trial itself and at the sentencing proceeding.

In addition, we have addressed the issue of the effectiveness (vel non) of applicant’s representation before this Court on his direct appeal. Having determined that that representation was deficient due to appellate counsel’s failure to petition this Court for de novo review of Mr. Page’s sentence of life imprisonment without the possibility of parole, we have proceeded to conduct the statutorily authorized appellate review and have concluded that Mr. Page’s sentence was appropriate.

I

Facts and Travel

The factual background of this case is described at length in two earlier decisions of this Court — viz., State v. Page, 709 A.2d 1042 (R.I.1998) and State v. Lambert, 705 A.2d 957 (R.I.1997). For the sake of brevity, we shall summarize in this opinion only the facts that are relevant to the issues implicated by this appeal.

A

The Trial

On December 6, 1995, following a jury-waived trial, Mr. Page was convicted of first-degree murder and of having committed a crime of violence while armed with a firearm (a BB gun); both convictions re[937]*937lated to the brutal killing of Sylvester Gardiner. Page, 709 A.2d at 1044. Mr. Gardiner was a homeless man who was savagely beaten to death with a blunt axe handle by Mr. Page and another young man, Michael Lambert,2 on Thanksgiving Day, November 24, 1994. Id. at 1048.

On May 8, 1996, the trial justice sentenced Mr. Page to life imprisonment without the possibility of parole; he also sentenced him to a concurrent ten-year sentence for having committed a crime of violence while armed with a firearm. In the course of imposing the sentence of life imprisonment without the possibility of parole, the trial justice stated that “[wjithout question, the brutal murder of Mr. Gard-iner was the most atrocious, barbaric killing imaginable.” The trial justice acknowledged that he had “looked in vain for some mitigating factor which might somehow deter [him] from sending [Mr. Page] to prison for the rest of [his] life.” The trial justice added that “[t]he only factor— if it is a factor at all — is [Mr. Page’s] age.”3

After focusing on Mr. Page’s long history of violent and aggressive behavior, the trial justice addressed him as follows before pronouncing sentence:

“I would describe you, as have others, as violently savage and vicious, unnaturally sadistic, and relentlessly inhumane and totally incorrigible. I am convinced beyond all doubt that even at your age you are beyond rehabilitation. Society must be protected from the likes of you.”

B

The Direct Appeal

Mr. Page appealed his conviction to this Court. His first contention on his direct appeal was that the incriminating statements that he made to the police after his arrest should have been suppressed4 because (according to Mr. Page): (1) those statements were obtained through police coercion; (2) he was incapacitated by drugs and alcohol and thus was incapable of voluntarily waiving his Miranda5 rights; and (3) he was wrongfully interrogated after he requested an attorney. Page, 709 A.2d at 1044. Mr. Page additionally contended on direct appeal that the ten-year concurrent sentence that he received (in addition to his sentence of life imprisonment without the possibility of parole) constituted cruel and unusual punishment in violation of his rights under the Eighth Amendment to the United States Constitution. Page, 709 A.2d at 1046. His final contention was that he had not been afforded effective assistance by his trial counsel. Id. This Court addressed those of Mr. Page’s arguments that were properly before it on direct appeal.6 The Court [938]*938ultimately rejected the appeal, affirming Mr. Page’s conviction. Id. at 1047.

C

Posteonviction Relief

Following this Court’s affirmance of his conviction, Mr. Page, in reliance upon G.L. 1956 § 10-9.1-1, filed an application for posteonviction relief in the Superior Court. (The record reveals that Mr. Page filed two applications, the first in 1998 and then an amended petition in 2002.) In his application, Mr. Page alleged ineffective assistance on the part of both his trial counsel and his appellate counsel.7 On April 15, 2008, a posteonviction relief hearing was held before the same justice of the Superi- or Court as had conducted Mr. Page’s 1995 murder trial.

1. Assistance of Trial Counsel with Respect to the Trial

At the posteonviction relief hearing, Mr. Page argued that his representation by his trial counsel constituted ineffective assistance of counsel.

Mr. Page’s trial counsel was the sole witness at the posteonviction relief hearing. Trial counsel testified that he had initially considered employing an insanity or diminished capacity defense. Counsel explained, however, that he decided against employing either defense in view of the fact that he was expressly told by the psychiatrist who had evaluated Mr. Page and with whom trial counsel had consulted that Mr. Page was “one of the most dangerous individuals [whom the psychiatrist had] ever met.” Counsel testified that, in view of that assessment, he did not present the testimony of any psychiatrist or psychologist at trial because he believed that such testimony “could not help [his] client.”

Trial counsel testified that he also investigated the potential defense of intoxication by speaking directly to Mr. Page regarding his use of drugs and alcohol at the time of the murder. Mr. Page informed counsel that on the day of the murder he had smoked a “blunt” (which we understand to be a reference to marijuana) and that, on the day of his arrest, he had smoked marijuana and consumed alcohol. Trial counsel testified that he conducted research into and made himself aware of the case law concerning the rela[939]*939tionship between intoxication and culpability for first-degree murder. It is a fair inference from the record that trial counsel concluded, based on his conversations with Mr. Page and his research, that further attempts to use intoxication as a defense would not be a successful strategy. Counsel further testified that he did use the evidence of intoxication as one of the grounds for his motion to suppress the incriminating statements that Mr. Page had made after his arrest. He added that the trial justice denied that motion.8

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Cite This Page — Counsel Stack

Bluebook (online)
995 A.2d 934, 2010 R.I. LEXIS 67, 2010 WL 2099293, Counsel Stack Legal Research, https://law.counselstack.com/opinion/page-v-state-ri-2010.