Summary
The Rhode Island Supreme Court affirmed Gordon Lawless's conviction for second-degree sexual assault. The court held that the trial justice did not abuse his discretion in denying Lawless's request for a continuance to obtain new counsel or his request for a hearing concerning alleged gender underrepresentation in the jury panel. The court concluded that Lawless failed to establish a prima facie violation of the Sixth Amendment fair-cross-section requirement.
Topics
Practice areas
Questions Presented
- Whether the trial justice abused his discretion by denying Lawless's oral request for a continuance to obtain new counsel.
- Whether the trial justice abused his discretion by denying Lawless's request for a hearing or continuance based on the alleged systematic and deliberate exclusion of men from the jury panel.
Holdings
- The trial justice did not abuse his discretion by denying Lawless's eleventh-hour request for a continuance to seek new counsel where Lawless had known of the plea offer for approximately seven weeks, counsel was prepared for trial, and the case was ready to proceed.
- The trial justice did not abuse his discretion by denying Lawless's request for a hearing or continuance because Lawless expressly disclaimed any challenge to systematic exclusion and failed to present evidence establishing a prima facie fair-cross-section violation.
Key quotations
“To demonstrate a prima facie violation of the fair-cross-section requirement, the defendant must establish: `(1) that the group alleged to be excluded is a "distinctive" group in the community; (2) that the representation of this group in venires from which juries are selected is not fair and reasonable in relation to the number of such persons in the community; and (3) that this under representation is due to systematic exclusion of the group in the jury-selection process.'” (169)
Factual background
On the first day of trial, Lawless sought a continuance to obtain new counsel because his appointed attorney had recommended that he consider the State's plea offer. Lawless had known of the offer for approximately seven weeks, and counsel and the witnesses were ready for trial. Lawless also challenged the jury panel because the forty-eight-person list allegedly included only five men, although the record later suggested there were eleven; he expressly stated that he was not challenging the jury-selection system. The trial justice denied both requests.
Procedural history
A Superior Court jury found Lawless guilty of second-degree sexual assault. The trial justice denied Lawless's oral request for a continuance to obtain new counsel and denied his request for a hearing or continuance based on the alleged underrepresentation of men on the jury panel. Lawless was sentenced to fifteen years at the Adult Correctional Institutions, with three years to serve, twelve years suspended, and twelve years of probation. The Supreme Court of Rhode Island summarily decided the appeal after ordering the parties to show cause and affirmed the conviction.
Remand instructions
The record was remanded to the Superior Court.