State v. Tilson

Summary

The Rhode Island Supreme Court considered whether the State's filing of additional charges after the defendant rejected a plea offer constituted prosecutorial vindictiveness in violation of due process. The court held that no actual or presumptive vindictiveness was shown, sustained the State's appeal, vacated the Superior Court judgment, and remanded the case.

Holdings

1. The State did not engage in prosecutorial vindictiveness under the circumstances because there was no evidence of actual vindictiveness and no reasonable likelihood of vindictiveness warranting a presumption.
2. The Superior Court erred in dismissing the two-count information; its judgment was vacated and the matter was remanded for further proceedings.

Questions Presented

1. Whether the State's dismissal of the original information and filing of additional charges after Tilson rejected a plea offer violated due process because it constituted prosecutorial vindictiveness.
2. Whether the Superior Court properly dismissed the two-count information when the State had warned Tilson before he rejected the plea offer that it would file the additional charge.

Disposition

reversed_and_remanded