Roger Graham v. State of Rhode Island

Syllabus

The applicant, Roger Graham, appealed from a judgment denying his application for postconviction relief. The applicant asserted that the hearing justice erred in ruling that (1) the testimony of Corey Day was not newly discovered evidence, (2) the trial court did not impermissibly amend the indictment, and (3) a sentence of imprisonment for discharging a firearm during the commission of a crime of violence could be imposed consecutively to a sentence of life without parole. The Supreme Court first held that the hearing justice was neither clearly wrong nor did he overlook or misconceive the evidence when he determined that the testimony of Corey Day was not newly discovered evidence. Next, the Supreme Court held that the applicant's contentions that the trial justice impermissibly amended the indictment and erred in imposing his sentence were barred by res judicata, and were nonetheless meritless. Accordingly, the Supreme Court affirmed the judgment of the Superior Court.