Rhode Island Criminal Defense Law – John E. MacDonald

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RHODE ISLAND CRIMINAL DEFENSE
A Practice Manual, 4th Edition
© John E. MacDonald

Rhode Island Criminal Defense Law

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
Call the Attorneys at The Law Offices of John E. MacDonald, Inc. at 401.421.1440 or EMAIL us today.
© John E. MacDonald. All Contents Copyright 2004-2011 John E. MacDonald. All Rights Reserved.

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