Kendall Whitaker v. State of Rhode Island

Justice Flaherty, for the Court.

The State of Rhode Island seeks review of a Superior Court judgment that granted Kendall Whitaker's application for postconviction relief. Before this Court, the state argues that it was error for the hearing justice to determine that trial counsel rendered constitutionally deficient representation when counsel (1) did not request a jury instruction for the aiding-and-abetting charges in line with Rosemond v. United States , 572 U.S. 65 , 134 S.Ct. 1240 , 188 L.Ed.2d 248 (2014) ; and (2) did not challenge the sufficiency of the evidence that would support an…