State v. Diamante
Annotate this CaseIn 1994, Defendant was charged with felony assault with a dangerous weapon (Count One) and willful or malicious injury to property (Count Two). Count One was dismissed in consideration of Defendant pleading nolo contendere to Count Two. In 2004, Defendant filed a motion to seal with respect to both counts. A justice of the superior court denied the motion. Defendant appealed the hearing justice’s denial of her motion with respect to Count One. The Supreme Court affirmed, holding that the hearing justice did not err when she denied Defendant’s motion to seal Count One pursuant to R.I. Gen. Laws 12-1-12.1(a) because Defendant had not been exonerated of all counts in the criminal case.
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