Keith Burke v. State of Rhode Island

Summary

The Rhode Island Supreme Court affirmed the denial of Keith Burke’s application for postconviction relief. The Court held that the application concerned only his 1994 guilty pleas to breaking and entering and larceny, did not encompass his later murder conviction, and was subject to his agreement to withdraw pending matters as part of the 2008 murder plea. The Court also rejected his claims concerning counsel’s preparation and the opportunity to present his postconviction claims.

Holdings

1. The Court would address only the application actually before it, which challenged Burke's 1994 breaking-and-entering and larceny pleas; the 2004 murder charge and 2008 murder guilty plea were not before the Court in that application.
2. Burke was not entitled to pursue the pending postconviction-relief application because, when he pleaded guilty to second-degree murder in 2008, he agreed to withdraw all pending actions, including the application.
3. Burke's ineffective-assistance claim concerning counsel's handling of the motion to dismiss the 2004 murder indictment was not properly before the Court because it related to the 2004 murder charge rather than the 1994 charges underlying the application.
4. The hearing justice did not deny Burke a statutory right to postconviction counsel or a meaningful opportunity to present his claims.

Questions Presented

1. Whether Burke's postconviction-relief application could provide relief concerning the 2004 murder indictment or his 2008 murder guilty plea when the application, as filed, challenged only the 1994 breaking-and-entering and larceny pleas.
2. Whether Burke's agreement, made as part of his 2008 murder guilty plea, to withdraw all pending matters barred pursuit of the postconviction-relief application.
3. Whether the hearing justice denied Burke a statutory right to postconviction counsel or a meaningful opportunity to present his claims.
4. Whether Burke could raise an ineffective-assistance claim concerning counsel's handling of the motion to dismiss the 2004 murder indictment in this postconviction proceeding.

Disposition

affirmed