Brown v. State
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After a jury trial, Gerald Brown was convicted of sexual assault and child molestation. The superior court dismissed his second application for postconviction relief. The Supreme Court affirmed, holding that the hearing justice (1) properly concluded that Brown's application could be summarily decided without an evidentiary hearing after providing Brown sufficient opportunity to respond to the proposed dismissal of his application; (2) appropriately deemed Brown's claim of newly discovered evidence as waived; (3) properly dismissed Brown's claim of unlawful incarceration; and (4) correctly dismissed Brown's assertions of ineffective assistance of counsel based on prior counsels' failure to raise a statute-of-limitations defense.
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