Jeremy Motyka v. State of Rhode Island

Having dissented in Tassone v. State, 42 A.3d 1277 (R.I. 2012), I continue to believe that the proper vehicle for the requirement of an evidentiary hearing in a life without parole postconviction relief setting is through legislative amendment to G.L. 1956 chapter 9.1 of title 10. Nevertheless, as long as the majority mandate in Tas-sone remains, the Superior Court is bound to follow it. “It is well settled that an opinion of this [C]ourt declares the law in Rhode Island and that law must be followed by the lower courts of our judicial system, regardless of whether that court or any of its…