Legal Opinion · Dissent

Alexander Rose v. State of Rhode Island

Supreme Court of Rhode Island

Decided February 24, 2014No. 2012-129-AppealPublished

1DissentJustice Flaherty

I respectfully dissent from the majority’s opinion in this case. In my view, the entirety of the defendant’s twenty-year sentence has been administratively reduced by “Good-Time” credits as provided by G.L.1956 § 42-56-24 and by credit for time served awaiting disposition pursuant to G.L.1956 § 12-19-2(a). Thus, he has fulfilled all of the terms of his sentence: the periods of incarceration and probation. It is my further opinion that the good-time credits and credit for time served should be applied to the entirety of Rose’s sentence and not just the term of incarceration. Therefore, it is…

2Cases cited19 opinions

  1. Brennan v. KirbySupreme Court of Rhode Island · 1987
  2. Grady v. Narragansett Electric Co.Supreme Court of Rhode Island · 2009
  3. Peak v. United StatesSupreme Court of the United States · 1957
  4. State v. SantosSupreme Court of Rhode Island · 2005
  5. State v. OliveiraSupreme Court of Rhode Island · 2005

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