Opinion
2015-01-13
Providence County Superior Court, Associate Justice Robert D. Krause. John F. Cicilline, Esq. Joseph J. McBurney, Department of Attorney General.
Providence County Superior Court, Associate Justice Robert D. Krause.
John F. Cicilline, Esq. Joseph J. McBurney, Department of Attorney General.
ORDER
This is a petition for writ of habeas corpus wherein the petitioner asserts entitlement to bail pursuant to the provisions of G.L.1956 § 12–13–7, more than six months having elapsed from the date he was arraigned and ordered held without bail. This Court has held, however, that the six-month period within which a defendant must be tried or bailed under the cited statute commences when the defendant demands a trial. See In re Deslovers, 35 R.I. 248, 86 A. 657 (1913) and Bridges v. Superior Court, 121 R.I. 101, 396 A.2d 97 (1978). In this case, the petitioner's speedy-trial demand was filed on August 12, 2014. Therefore the statutory six-month period has not yet run.
Accordingly, the petition for writ of habeas corpus is denied.