Adless Desamours v. State of Rhode Island

Citations

• 210 A.3d 1177

Syllabus

The applicant, Adless Desamours, appealed from the Superior Court's denial of his application for postconviction relief. On appeal, the applicant argued that the trial justice violated Rule 11 of the Superior Court Rules of Criminal Procedure by failing to ensure that applicant entered his plea of nolo contendere knowingly and voluntarily, and by failing to establish a factual basis for his plea. The Supreme Court held that the trial justice's colloquy with the applicant established that the plea was voluntary, and that it was made with knowledge and understanding of the charge against him. In addition, the Court found that there was a factual basis for the applicant's plea because the state recited facts that supported the charge against the applicant, and the applicant unequivocally agreed with the state's recitation of facts it would prove if the matter proceeded to trial. Finally, the Court held that the applicant's petition for postconviction relief could also have been denied based on the doctrine of laches. Accordingly, the Supreme Court affirmed the Superior Court's denial of the applicant's application for postconviction relief.