Summary
The Rhode Island Supreme Court held that the Family Court justice improperly dismissed a felony criminal information sua sponte at a pretrial conference without a motion to dismiss, adequate notice to the State, or required findings. The court concluded that the Family Court was required to follow the applicable procedural rules, including Superior Court Rule of Criminal Procedure 9.1, and vacated the dismissal. The case was remanded to the Family Court for trial.
Topics
Practice areas
Questions Presented
- Whether the Family Court may sua sponte dismiss a felony criminal information at a pretrial conference without a motion to dismiss and without giving the State adequate notice and an opportunity to be heard.
- Whether Strom preserved a challenge under Rule 9.1 based on an alleged lack of probable cause when she did not file a timely motion to dismiss in the Family Court.
- Whether the Family Court's dismissal was permissible under its statutory authority to promote family relations and protect the family unit.
Holdings
- The Family Court justice had no authority to sua sponte dismiss the felony information at the pretrial conference without a properly filed motion, adequate notice to the State, and compliance with the governing procedural rules.
- Strom waived any claim for dismissal based on lack of probable cause because she did not file a motion to dismiss under Rule 9.1 in the Family Court.
- When properly presented, a motion to dismiss a criminal information requires the trial justice to examine the information and attached exhibits to determine whether they establish probable cause that the charged offense was committed and that the defendant committed it.
Key quotations
“We are of the opinion that a trial justice has no authority to dismiss the felony information under these circumstances and that the Family Court must adhere to its own rules of procedure.” (941 A.2d at 840)
“The fact that defendant neglected to file a timely motion to dismiss effectively deprives the trial justice of any authority to dismiss the criminal information.” (941 A.2d at 841)
“For the Family Court to undertake a final dismissal, without notice that affords the state an opportunity to be heard, and in the absence of proper findings, is clear error.” (941 A.2d at 842)
Factual background
The State charged Linda Strom with cruelty to or neglect of a child under G.L. 1956 § 11-9-5 based on allegations that she repeatedly restrained her five-year-old grandson to his bed with a harness and duct tape. The child's disclosure to a preschool teacher prompted a Department of Children, Youth and Families investigation and Strom's arrest. At the pretrial conference, Strom argued that her conduct constituted excessive parenting and that the evidence did not establish the charged offense; the Family Court justice then dismissed the information without a motion or formal findings.
Procedural history
A criminal information was filed in Family Court on July 24, 2006. At a pretrial conference on October 16, 2006, without a defense motion to dismiss, without notice to the State that dismissal was being considered, and without making probable-cause findings, the Family Court justice sua sponte dismissed the information. The State timely appealed to the Supreme Court of Rhode Island, which vacated the dismissal and remanded the case for trial.
Remand instructions
The judgment of dismissal is vacated, and the case is remanded to the Family Court for trial.