Whenever a person is charged with, or indicted or informed against, for an offense
involving the unlawful sale, distribution, manufacture, delivery, or possession with
intent to manufacture, sell, distribute, or deliver any controlled substance, or by
possession of any controlled substance punishable by imprisonment for ten (10) years
or more, and the state objects to the setting of bail pursuant to the R.I. Const., Art. I, Sec. IX, if the court determines that the proof of guilt is evident or the presumption great,
then it shall be presumed that the person is a danger to the safety of the community
unless that presumption is rebutted by the defendant.
Notes of Decisions
Cited in
3
cases, 1990–2006 · leading case:
Witt v. Moran, 572 A.2d 261 (R.I. 1990).
Witt v. Moran, 572 A.2d 261 (R.I. 1990).
· cites it 16× “1956 (1981 Reenactment) § 12-13-5.1, as amended by P.L.1988, ch. 652, § 1.”
State v. Ventre, 910 A.2d 190 (R.I. 2006).
· cites it 3× “The defendant emphasizes on appeal that the offense of unlawful delivery of a controlled substance — the crime of which the victim was convicted in August of 1994 — is treated in G.L. 1956 § 12-13-5.1 as presumptively involving “dangerousness.”
Providence Journal Co. v. Superior Court, 593 A.2d 446 (R.I. 1991).
“1956 (1981 Reenactment) § 12-13-5.1) was unconstitutional. However, prior to their challenge’s reaching this court, both the defendants had pleaded to the charges and had already been sentenced.”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.