Higham v. Rhode Island
Annotate this CaseApplicant David Higham appealed a superior court judgment that denied his second application for postconviction relief. In 2000, a jury found that Applicant committed two acts of first-degree child molestation against the seven-year-old daughter of his step son. Applicant was sentenced to concurrent terms of forty years on each count with twenty years to serve and twenty suspended with probation. In 2006, Applicant filed a pro se application for postconviction relief alleging ineffective assistance of counsel. Counsel was appointed to represent him, but counsel later withdrew, noting in his motion that Applicant's application was "wholly frivolous" and without merit. Even though the motion to withdraw was pending, counsel appeared with applicant at a hearing in Superior Court. At the conclusion of the hearing, a stipulation, signed by both applicant and his attorney was entered on December 5, 2008. The stipulation provided that the motion for postconviction relief would be dismissed with prejudice in exchange for a reduction in sentence approved by the hearing justice. In 2009, Applicatn appeared before the parole board seeking early release. The board denied his but because he refused to acknowledge his crime or complete a sex-offender-treatment program. Applicant then filed another pro se application for postconviction relief, alleging that parole had been unlawfully denied; jury misconduct, and that he was actually innocent. Finding that none of the issues raised on appeal had merit, the Supreme Court affirmed the superior court's denial of Applicant's application for postconviction relief.
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