398 A2D 1157 - State v. Anthony

How this case has been cited

Cited by 48 later decisions — most recently June 2021 · most notably Jett v. Dunlap (1979), Mora v. Aetna Life & Casualty Insurance (1988)

1 district · 46 state decisions

Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.

¶1Dennis J. Roberts II, Atty. Gen., Nancy Marks Rahmes, John S. Foley, Sp. Asst. Attys. Gen., for plaintiff.

¶2William F. Reilly, Public Defender, Barbara Hurst, Chief Appellate Atty., Providence, John A. MacFadyen III, Asst. Public Defender, for defendant.

¶3

ORDER

¶4This is an appeal in which a number of questions were certified to us pursuant to the provisions of G.L. 1956 (1969 Reenactment) § 12-22-10. On February 19, 1979, we answered one of the questions by ruling that the mandatory death provisions of § 11-23-2 violate the eighth amendment's prohibition against "cruel and unusual punishments." Thereafter, we denied the defendant's motion that this case be immediately remanded to the Superior Court.

¶5The defendant has now filed a motion asking that we reconsider this denial, and the Attorney General has joined in this request. Consequently, we shall treat the reconsideration motion, which is signed by both the defense counsel and the Attorney General, as a stipulation that the certification was premature.

¶6Accordingly, it is hereby ordered that the case be remanded to the Superior Court for further proceedings, including the imposition of sentence upon the defendant.