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Confession of Error: PCR Attorney Requirement

The Rhode Island Supreme Court ruled and the State acknowledged that “in order for an indigent, first-time applicant to have a meaningful opportunity to reply [PCR brief], he or she must be afforded counsel upon request.”  Alberto Rodriguez had filed a Post-Conviction Application seeking relief from his conviction.  The Court, without giving prior notice to Alberto Rodriguez, summarily denied his application.  The state on a Confession of Error admitted that the Court had made an error as there is a precedent requirement that in order to afford a first-time indigent applicant a meaningful opportunity to reply he or she must be granted counsel upon request. Campbell v. State, 56 A.3d 448, 459 (R.I. 2012).  The Confession of Error was accepted and the applicant’s appeal was sustained.  See full Order at: Rodriguez v. State

 

Categories: Civil, Criminal.

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