State v. Lanoue

Supreme Court of Rhode Island

State v. Lanoue

378 A.2d 1077, 119 R.I. 918, 1977 R.I. LEXIS 2087

CourtSupreme Court of Rhode Island

DecidedSeptember 30, 1977

DocketM. P. No. 77-315

StatusPublished

This text of 378 A.2d 1077 (State v. Lanoue) 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

State v. Lanoue, 378 A.2d 1077, 119 R.I. 918, 1977 R.I. LEXIS 2087 (R.I. 1977).

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Opinion

Because he failed to follow the avenue of direct appeal, the petitioner seeks a writ of certiorari from this court. However, before we can address the issue of the writ, certain questions of fact must be established. Because this court cannot take testimony in a proceeding of this nature, the case is remanded to the Superior Court for an evidentiary hearing. See Lonardo v. Langlois, 98 R.I. 493, 205 A.2d 19 (1964).

After a hearing and fact findings, the Superior Court shall return the record to this court.

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Because he failed to follow the avenue of direct appeal, the petitioner seeks a writ of certiorari from this court. However, before we can address the issue of the writ, certain questions of fact must be established. Because this court cannot take testimony in a proceeding of this nature, the case is remanded to the Superior Court for an evidentiary hearing. See Lonardo v. Langlois, 98 R.I. 493, 205 A.2d 19 (1964).

After a hearing and fact findings, the Superior Court shall return the record to this court.

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Bluebook (online)

378 A.2d 1077, 119 R.I. 918, 1977 R.I. LEXIS 2087, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-lanoue-ri-1977.

Opinion

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