Rhode Island Criminal Defense Manual by Attorney John E. MacDonald

RHODE ISLAND CRIMINAL DEFENSE

A Practice Manual, 4th Edition
© John E. MacDonald

Purpose and Scope

This manual contains a summary of the important cases touching upon every major procedural facet of criminal defense representation. This edition also includes an immigration section that discusses the responsibilities of counsel and the immigration consequences of selected Rhode Island statutes. A CD containing the entire manual in PDF format is available in the back pocket.

Acknowledgments

The first edition of this manual began in 1997 as an effort to summarize and understand the cases I needed to know as a young Public Defender in order to effectively represent my clients. I began with a stack of cases and materials I received from the office veterans and worked from there. This manual is dedicated to the trial and appellate attorneys of the Rhode Island Public Defender's Office. They remain the vanguard of zealous criminal defense representation in this state.

Table of Contents

DISCOVERY VIOLATIONS

• Prosecutor's Duty Under Rule 16
• Remedies for Violation
• Non-Disclosure
• Late Disclosure
• More Specific Discovery
• Surprise Testimony
• Defendant's Discovery Obligations

CONTINUANCES

• To Secure Counsel
• To Prepare for Late Discovery or Severance
• To Locate a Witness

ETHICAL DILEMMAS AT TRIAL

• Client Wants to Present False Evidence or Testimony At Trial
• Threats, Sensitive Information & The Rule of Confidentiality at Trial
• Witnesses Who May Incriminate Themselves At Trial

JUDICIAL MISCONDUCT

• Canons
• Prejudicial Statements by Trial Judge
• Prejudicial Questioning by Trial Judge

PROSECUTORIAL MISCONDUCT

• Prosecutor's Duty Under Rules of Professional Conduct
• Opening Statements
• Prejudicial Questions
• Closing Arguments

VOUCHING

CROSS-EXAMINATION

• Scope
• Complainant's Prior Allegations
• Competency of Witness
• Bias, Motive, Prejudice
• Suppressed Evidence Admissible on Cross
• Offer of Proof
• Victim's Reputation for Violence
• Manufacturing Issue on Cross
• Prejudicial Questions
• Impeachment with Prior Convictions

CONFRONTATION (Crawford v. Washington)

• Admission of Hearsay after Crawford
• What is Testimonial
• Excited Utterances
• Dying Declarations
• Other Hearsay Exceptions

DEFENSE WITNESSES

IN-COURT DEMONSTRATIONS

MOTION FOR JUDGEMENT OF ACQUITTAL

REBUTTAL

• Surrebuttal

JUROR CONDUCT

• Juror Statements
• Juror Conduct
• Juror Questions
• Juror Bias

ALLEN CHARGES

EVIDENTIARY OBJECTIONS

• Objections as to Form
• Objections as to Answer

PRESERVATION OF THE RECORD

• Objections
• Offers of Proof
• Pre-Trial Motions
• Jury Instructions
• Motion to Pass

MOTION FOR NEW TRIAL

SENTENCING

• Sentencing Factors
• Consecutive Sentences
• Habitual Offenders
• Motion to Reduce Sentence
• Proportionality
• Sentence and Appeal from District Court

BAIL: GUIDELINES, HEARINGS AND REVOCATION

• Bail Guidelines
• Primary Purpose of Bail
• Discretion to Set Bail
• Review of Decision
• Right to Speedy Hearing
• Evidentiary Standard
• Post-Conviction Bail
• Bail Violation Hearing

PROBATION VIOLATION HEARINGS

• Rule 32(f)
• Notice
• Time Limitations
• Assistance of Counsel
• Presence of Defendant
• Discovery
• Exculpatory Evidence Doctrine
• Standard of Proof
• Immunity
• Exclusionary Rule
• Hearsay Evidence
• Sentencing
• Appellate Review
• Collateral Estoppel

IMMIGRATION CONSEQUENCES

• Counsel's Duty to Advise
• Recommended Actions

APPENDIX

• Selected Statutes and Immigration Consequences

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