Yara CHUM v. STATE of Rhode Island

Citations

• 160 A.3d 295
• 2017 WL 2268883
• 2017 R.I. LEXIS 65

Syllabus

The applicant, Yara Chum, appealed the denial of his application for postconviction relief. On appeal, he asserted that the trial justice erred in denying his application because Chum had ineffective assistance of counsel. Specifically, Chum referenced his trial attorney's failure to act when the prosecutor discussed Chum's statement to the police during the state's opening statement and then did not introduce the statement into evidence. Chum asserted that his attorney's failure to request a curative instruction, seek a mistrial, or act at all following the prosecutor's comment, prejudiced him. The Court held that Chum was not prejudiced because there was sufficient evidence of his guilt, namely three eyewitness identifications. The Court also noted that, although the trial attorney failed to request a curative instruction, Chum was not prejudiced because the trial justice instructed the jury on numerous occasions that counsels' arguments were not evidence and such instructions were adequate. Additionally, the attorney's failure to request a mistrial was not prejudicial because the trial justice stated that he would not have granted such a motion. Accordingly, the Supreme Court affirmed the Superior Court's judgment.