Washington v. State

989 A.2d 94, 2010 R.I. LEXIS 30
CourtSupreme Court of Rhode Island
DecidedFebruary 25, 2010
DocketNos. 2007-66-Appeal, 2008-255-Appeal
StatusPublished

This text of 989 A.2d 94 (Washington 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
Washington v. State, 989 A.2d 94, 2010 R.I. LEXIS 30 (R.I. 2010).

Opinion

OPINION

Justice FLAHERTY, for the Court.

The applicant, Jeffery S. Washington, appeals from a Superior Court judgment denying his applications for postconviction relief. His original conviction dates to May 1989, when a jury found him guilty of first-degree felony murder for the rape and resulting death of an elderly woman. This case came before the Supreme Court for oral argument on January 26, 2010, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. After hearing the parties’ arguments and considering the memoranda submitted on behalf of each of them, we are satisfied that cause has not been shown, and we proceed to decide this appeal at this time without further briefing or argument. For the reasons set forth in this opinion, we affirm the judgment of the Superior Court.

I

Facts and Travel

This sad story begins on Christmas Day 1987, when Alice Carcieri, an elderly double amputee, died from the trauma precipitated by a brutal sexual assault.1 On that day, the applicant, who had worked cleaning Ms. Carcieri’s house in the past, snuck into the basement of her house, where he consumed drugs, ate some food, and relieved himself in a bucket. After entertaining friends and family for the holiday, Ms. Carcieri went to bed. Washington proceeded upstairs to her bedroom and found her asleep. After covering her head and tying her hands to the bedposts, he raped her. Washington attempted to make it appear as though a burglary had occurred before he fled. He left Ms. Car-cieri in her bed, where she died from heart failure. A horrified family member discovered her there the next morning.

The applicant was apprehended and arrested in New York after he attempted to steal a wallet. He implicated himself in the death of Ms. Carcieri, and the New York authorities alerted the Providence police. Officers from that department traveled to New York, where they obtained a full confession from him, in which he expressed his remorse for his treatment of Ms. Carcieri. Washington was charged with murder, and eventually he was tried before a jury in the spring of 1989.2 The jury returned a verdict of guilty on the charge of first-degree felony murder, and the panel also concluded that the murder involved aggravated battery. The trial justice upheld the jury’s finding of aggra[98]*98vated battery and in addition found that there had been aggravated torture. He sentenced Washington to life in prison without the possibility of parole. The applicant appealed his conviction to this Court; however, we affirmed the judgment of conviction. State v. Washington, 581 A.2d 1031, 1036 (R.I.1990).

On April 2, 1998, Washington began his quest for postconviction relief by filing an incomplete pro se application. Since that time, he has been represented by various appointed counsel, but it was not until January 27, 2004, that applicant submitted a complete application for postconviction relief, which was heard before a hearing justice of the Superior Court on June 28, 2004. A decision denying the application was issued on July 18, 2005.3

Washington filed a second application for postconviction relief on August 1, 2005, citing documents that he had received from the Federal Bureau of Investigation (FBI). Hearings on that petition were held before the same hearing justice and he met with the same fate; his second application for postconviction relief was denied. He then filed a premature appeal to this Court. The applicant’s two appeals from the decisions denying his two applications for postconviction relief were consolidated on November 20, 2008.

II

Standard of Review

“[P]ost-conviction relief is available to a defendant convicted of a crime who contends that his original conviction or sentence violated rights that the state or federal constitutions secured to him.” Ballard v. State, 983 A.2d 264, 266 (R.I.2009) (quoting Young v. State, 877 A.2d 625, 628 (R.I.2005)); see also G.L.1956 § 10-9.1-1(a)(1) (providing statutory right to postconviction relief for constitutional violations). “When this Court reviews a ruling on an application for postconviction relief, we afford great deference to the motion justice’s findings of fact.” Moniz v. State, 933 A.2d 691, 694 (R.I.2007) (citing Burke v. State, 925 A.2d 890, 892 (R.I.2007)). “[A]bsent clear error or a determination that the motion justice neglected or misconceived the evidence, this Court will uphold a postconviction relief decision.” Id. (citing Reise v. State, 913 A.2d 1052, 1055 (R.I.2007)). However, “[t]his Court will * * * ‘review de novo any post-conviction relief decision involving questions of fact or mixed questions of law and fact pertaining to an alleged violation of an applicant’s constitutional rights.’ ” Bustamante v. Wall, 866 A.2d 516, 522 (R.I.2005) (quoting Taylor v. Wall, 821 A.2d 685, 688 (R.I.2003)).

Ill

Analysis

On appeal before this Court, applicant raises four issues.4 First, he argues that his trial attorney provided him with [99]*99ineffective assistance of counsel because he failed to present a defense of diminished capacity at trial. Second, Washington contends that his trial attorney provided ineffective assistance of counsel because of his “broken promise to the jury” that defendant would testify in his own defense. Third, he raises still another argument of ineffective assistance of counsel in which he asserts that his trial attorney refused to allow him to testify in his own defense. Finally, he argues that the trial justice committed reversible error when he did not conduct a hearing and colloquy with him to determine that applicant’s waiver of his right to testify was done knowingly, intelligently, and voluntarily.

A

Ineffective Assistance of Counsel

“This Court has adopted the standard announced by the United States Supreme Court in Strickland, v. Washington, [466 U.S. 668, 104 S.Ct. 2062, 80 L.Ed.2d 674 * * * (1984)] when generally reviewing claims of ineffective assistance of counsel.” Rodrigues v. State, 985 A.2d 811, 315 (R.I.2009) (quoting Powers v. State, 734 A.2d 508, 521-22 (R.I.1999)). The Strickland standard requires this Court to review allegations of ineffective assistance of counsel by using a two-part test. Moniz, 933 A.2d at 696 (citing Burke v. State, 925 A.2d 890, 893 (R.I.2007)).

“First, the defendant must show that counsel’s performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the ‘counsel’ guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense.

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Related

Brady v. Maryland
373 U.S. 83 (Supreme Court, 1963)
Strickland v. Washington
466 U.S. 668 (Supreme Court, 1984)
Ouber v. Guarino
293 F.3d 19 (First Circuit, 2002)
United States v. Donald Teague
953 F.2d 1525 (Eleventh Circuit, 1992)
State v. Bryant
670 A.2d 776 (Supreme Court of Rhode Island, 1996)
State v. Amazeen
526 A.2d 1268 (Supreme Court of Rhode Island, 1987)
Bustamante v. Wall
866 A.2d 516 (Supreme Court of Rhode Island, 2005)
Young v. State
877 A.2d 625 (Supreme Court of Rhode Island, 2005)
Brown v. State
964 A.2d 516 (Supreme Court of Rhode Island, 2009)
Miguel v. State
774 A.2d 19 (Supreme Court of Rhode Island, 2001)
Reise v. State
913 A.2d 1052 (Supreme Court of Rhode Island, 2007)
Powers v. State
734 A.2d 508 (Supreme Court of Rhode Island, 1999)
Brennan v. Vose
764 A.2d 168 (Supreme Court of Rhode Island, 2001)
State v. Sivo
925 A.2d 901 (Supreme Court of Rhode Island, 2007)
Burke v. State
925 A.2d 890 (Supreme Court of Rhode Island, 2007)
State v. Yanez
716 A.2d 759 (Supreme Court of Rhode Island, 1998)
State v. Doyon
416 A.2d 130 (Supreme Court of Rhode Island, 1980)
State v. McManus
941 A.2d 222 (Supreme Court of Rhode Island, 2008)
Taylor v. Wall
821 A.2d 685 (Supreme Court of Rhode Island, 2003)

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Bluebook (online)
989 A.2d 94, 2010 R.I. LEXIS 30, Counsel Stack Legal Research, https://law.counselstack.com/opinion/washington-v-state-ri-2010.