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State v. Bianculli

Supreme Court of Rhode Island
Jan 24, 1975
330 A.2d 897 (R.I. 1975)

Opinion

January 24, 1975.

PRESENT: Roberts, C.J., Paolino, Joslin, Kelleher and Doris, JJ.

CERTIORARI. Indictments. Review in Advance of Trial. Lack of Special Circumstances. Writ of certiorari seeking review in advance of trial of the denial of petitioner's motion to dismiss indictments because he was deprived of a speedy trial was improvidently issued where examination of records disclosed a total absence of evidence tending to establish that petitioner's contentions raised special or unusual circumstances or conditions sufficient to take the case out of the well-settled principle that the court will not review a case piecemeal.

CERTIORARI to review denial of motion to dismiss indictments prior to trial, heard and petition denied and dismissed, writ quashed, and records ordered returned to Superior Court for further proceedings.

Aram K. Berberian, for petitioner.

Richard J. Israel, Attorney General, Donald P. Ryan, Asst. Attorney General, for respondent.


On January 22, 1974, this court granted the defendant's petition for certiorari to review in advance of trial the denial of his motion to dismiss certain indictments on the ground that the defendant had been deprived thereby of his right to a speedy trial. We issued the writ without prejudice to the right of the state to renew its objections to the issuance of the writ at the hearing on the merits. State v. Bianculli, 112 R.I. 938, 313 A.2d 667 (1974).

Pursuant to the writ the records in the case were certified to this court, and an examination thereof discloses a total absence of any evidence tending to establish that defendant's contentions raise special or unusual circumstances or conditions sufficient to take the case out of our well-settled principle that this court will not review a cause piecemeal. See State v. Paradis, 66 R.I. 152, 18 A.2d 342 (1941). It is our conclusion, then, that the writ was improvidently issued and must be quashed.

Because we take this view, we do not reach the question of whether in the circumstances here the defendant was, by reason of the trial justice's denial of his motion, deprived of a speedy trial. It is clear that the defendant's interests in having that issue determined will be adequately protected by a review on direct appeal if he is convicted at trial.

The petition for certiorari is denied and dismissed, the writ heretofore issued is quashed, and the records certified are ordered returned to the Superior Court for further proceedings.


Summaries of

State v. Bianculli

Supreme Court of Rhode Island
Jan 24, 1975
330 A.2d 897 (R.I. 1975)
Case details for

State v. Bianculli

Case Details

Full title:STATE vs. TIMOTHY BIANCULLI

Court:Supreme Court of Rhode Island

Date published: Jan 24, 1975

Citations

330 A.2d 897 (R.I. 1975)
330 A.2d 897

Citing Cases

State v. Dipanni

The petition for writ of habeas corpus is denied. See State v. Bianculli, 114 R.I. 217, 330 A.2d 897 (1975).…