United States District Court, D. Rhode Island
REPORT AND RECOMMENDATION
LINCOLN D. ALMOND UNITED STATES MAGISTRATE JUDGE
Beaulieu-Bedford ("Petitioner") filed his Petition
for Writ of Habeas Corpus on August 24, 2018. (ECF Doc. No.
1). On October 22, 2018, Respondent, Rhode Island Department
of Corrections, filed a Motion to Dismiss the Petition as
unexhausted and time-barred. (ECF Doc. No. 13). Petitioner
filed his Objection on November 20, 2018. (ECF Doc, No. 22).
This matter was referred to me for preliminary review,
findings and recommended disposition pursuant to 28 U.S.C.
§ 636(b)(1)(B) and LR Cv 72. The Court has determined
that no hearing is necessary. After reviewing the Motion and
the Petition, I recommend that the Motion to Dismiss (ECF
Doc. No. 13) be GRANTED and that the Petition (ECF Doc. No.
1) be DISMISSED.
not a model of clarity,  Petitioner's claims stem from his
assertion "of illegal detention involving two separate
illegal sentences." (ECF Doc. No. 22 at p. 16). In its
Motion to Dismiss, the State sets forth the facts relating to
Petitioner's relevant contacts with the State Court,
which are summarized below. (ECF Doc. No. 13 at pp. 3-6).
22, 1998, a Providence County Superior Court jury convicted
Petitioner of one count of first-degree child molestation and
one count of second-degree child molestation in No.
P1-1997-1715A. On July 10, 1998, the Superior Court sentenced
the Petitioner to forty years at the Adult Correctional
Institutions ("AG"), twenty years to serve, the
balance suspended with probation for first-degree child
molestation, and twenty years at the AG, ten years to serve,
the balance suspended with probation for second-degree child
November 23, 2010, the Rhode Island Supreme Court entered an
order accepting a confession of error that the State of Rhode
Island filed in which it agreed that the Superior Court
deprived die Petitioner of his Sixth Amendment right to
counsel during his closing argument at the May 1998 trial in
that case. The Rhode Island Supreme Court vacated me
Petitioner's judgment of conviction and remanded his case
to the Superior Court for a new trial.
October 3, 2011, Petitioner entered a nolo contendere plea to
the first-degree child molestation charge in P1-1997-1715A,
and the State dismissed the remaining charge in the
indictment. The Superior Court sentenced Petitioner to
twenty-five years at the AG, fourteen years to serve, me
balance suspended with probation. On information and belief,
the credit for time served that Petitioner received satisfied
the "time to serve" component of his new sentence.
December 29, 2015, the State filed a Rule 32(f) Notice of
Probation Violation in No. P1-1997-1715A, and in No.
P3-2015-0927A, a case in which, on information and belief,
Petitioner entered a nolo contendere plea on April 13, 2015,
to one count of receiving stolen goods valued under $1,
500.00 and received a one-year suspended sentence with
probation. On information and belief, the State alleged that
Petitioner violated the terms and conditions of his
probation, based on conduct that gave rise to his being
charged with the crimes of assault with intent to murder and
felony assault (serious bodily injury). Following a violation
hearing in March 2016, the Superior Court found that
Petitioner violated the terms and conditions of his probation
in both of his previous cases, but did not execute any
portion of his suspended sentences. That same month,
Petitioner waived his right to be criminally charged for that
conduct by way of information and entered nolo contendere
pleas in No. P2-2016-1092A to one count of assault with
intent to commit specified felonies and one count of felony
assault. The Superior Court sentenced him to concurrent
sentences of twelve years at the ACI, six years to serve, the
balance suspended with probation.
August 2016, Petitioner filed a State Application for
post-conviction relief ("PCR Application") alleging
that his two convictions in P2-2016-1092A violated the
Federal and State Constitutions. On February 8, 2017, the
Superior Court vacated Petitioner's judgment of
conviction in P2-2016-1092A. Petitioner then entered nolo
contendere pleas to two counts of felony assault, and the
Superior Court sentenced him to concurrent sentences of
thirteen years at the ACI, five years to serve, the balance
suspended with probation. Petitioner subsequently withdrew
his PCR Application that same day.
on April 27, 2017, Petitioner filed a State Application for
post-conviction relief alleging that his 2011 child
molestation conviction in Pl-1997-1715A violated the Federal
and State Constitutions. The 2017 PCR Application is pending
in the Rhode Island Superior Court.
4, 2018, Petitioner filed a State Application for
post-conviction relief alleging that his 2017 felony assault
convictions in P2-2016-1092A violated the Federal and State
Constitutions. The Superior Court dismissed the 2018 PCR
Application and entered judgment for the State on October 12,
2018 noting in its Order that "Petitioner failed to
identify himself to the court, failed to cooperate with his
court appointed attorney, and failed to prosecute the matter
he filed with the court."
U.S.C. §§ 2254(b)(1) and (c) codifies the
exhaustion requirement in habeas cases brought by state
prisoners; that section provides:
(b)(1) An application for a writ of habeas corpus on behalf
of a person in custody pursuant to the judgment of a State
court shall not ...