A Battle Brews in the Rhode Island Supreme Court over Deferred Sentence Expungement

Three cases are set for full briefing in the Rhode Island Supreme Court.  At issue is a recent statute (R.I. Gen. Laws  § 12-19-19(c)) allowing for the immediate expungement and sealing of records of individuals sentenced to deferred sentences.  Among the arguments is one based on separation of powers doctrine.  The superior court has found in a couple of cases the statute unconstitutional because by its enactment and execution the legislature is exercising judicial power.  At odds seems to be the statute’s provision of exonerating an individual that has already admitted guilt or no contenst.   As opined by Justice Rodgers in State v. Warzycha III, P1-2002-1291A:  This is certainly an “alteration of a decision” made by the trial justice who accepted the plea as a knowing and voluntary admission of guilt or no contest in accordance with the trial court’s obligations…”  The three cases set for full briefing are State v. Briggs, 2011-47 C.A. and State v. Mathias 2011-50 C.A. which have been consolidated and State v. Morrice 2011-52 C.A.