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Confession of Error: Notice of Dismissal Required

The Rhode Island Supreme Court ruled and the State acknowledged that “the trial justice’s failure to advise the applicant of the court’s intention to summarily dismiss the [post-conviction] application and without providing the applicant with a meaningful opportunity to respond to the proposed dismissal,” is grounds for granting the appeal and remanding with instruction.  See full decision Garcia v. State of Rhode Island


Categories: Criminal.

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