Motyka v. State

From this point forward, Shatney v. State, 755 A.2d 130 (R.I. 2000), shall be deemed abrogated and inapplicable in any case involving both an initial application for postconviction relief and an applicant who has been sentenced to life without the possibility of parole.Appellant was convicted of first-degree murder and sentenced to life without the possibility of parole. The Supreme Court affirmed. This appeal concerned Appellant’s second amended application for postconviction relief. The hearing justice dismissed Appellant’s application after a hearing. The Supreme Court vacated the judgment of the superior court, holding (1) Shatney and Tassone v. State, 42 A.3d 1277 (R.I. 2012) are inconsistent with each other and may not properly be permitted to coexist as it relates to life without parole cases; and (2) Appellant was not provided with the evidentiary hearing to which he was entitled pursuant to Tassone. View "Motyka v. State" on Justia Law