State v. Machado

Summary

The Rhode Island Supreme Court held that jurisdiction over the defendant's second-degree child-abuse prosecution belonged in the Superior Court rather than the Family Court. Applying the jurisdictional amendment to G.L. 1956 § 11-9-9 and its decision in State v. Jennings, the Court concluded that the prosecution was not pending when the amendment took effect because the criminal information was filed afterward.

Holdings

1. A felony prosecution commences, and becomes pending for purposes of the jurisdictional amendment, only when the State files a formal charge by information or indictment.
2. The Superior Court, rather than the Family Court, has jurisdiction over the prosecution because the information was filed after the July 3, 2006 jurisdictional amendment.

Questions Presented

1. Whether the prosecution was pending on July 3, 2006, when the amendment to G.L. 1956 § 11-9-9 transferred jurisdiction over violations of § 11-9-5.3 to the Superior Court.
2. Whether jurisdiction over Machado's prosecution therefore belonged in the Family Court or the Superior Court.

Disposition

affirmed