Hernandez v. StateAnnotate this Case
The Supreme Court vacated the judgment of the superior court dismissing Appellant’s application for postconviction relief, holding that Appellant was not afforded counsel in accordance with Shatney v. State, 755 A.2d 130 (R.I. 2000).
After Appellant was convicted, he filed an application for postconviction relief. A justice of the superior court appointed counsel to represent him. After examining Appellant’s claims, counsel moved to withdraw from the case. The hearing justice granted the motion, concluding that Appellant’s claims lacked merit. The hearing justice then denied Appellant’s application for postconviction relief. The Supreme Court vacated the judgment below, holding that, after counsel’s motion to withdraw was granted, Appellant was not provided with a meaningful opportunity to reply to the hearing justice’s proposed dismissal of his application for postconviction relief.