2014 -- S 2541

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LC003993

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     STATE OF RHODE ISLAND

IN GENERAL ASSEMBLY

JANUARY SESSION, A.D. 2014

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A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE IN PARTICULAR

ACTIONS -- POST-CONVICTION REMEDY

     

     Introduced By: Senators Lynch, and Lombardi

     Date Introduced: February 27, 2014

     Referred To: Senate Judiciary

     (by request)

It is enacted by the General Assembly as follows:

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     SECTION 1. Section 10-9.1-9 of the General Laws in Chapter 10-9.1 entitled "Post

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Conviction Remedy" is hereby amended to read as follows:

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     10-9.1-9. Appeal. -- A final judgment entered in a proceeding brought under this chapter

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shall be appealable to the supreme court in the same manner and subject to the same requirements

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as a final judgment in a civil action. An aggrieved party may seek review of a final judgment

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entered in a proceeding brought under this chapter by filing a petition for writ of certiorari in

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accordance with the supreme court rules of appellate procedure within sixty (60) days of the entry

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of the final judgment.

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     SECTION 2. This act shall take effect upon passage.

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EXPLANATION

BY THE LEGISLATIVE COUNCIL

OF

A N   A C T

RELATING TO COURTS AND CIVIL PROCEDURE--PROCEDURE IN PARTICULAR

ACTIONS -- POST-CONVICTION REMEDY

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     This act would provide that supreme court review of final judgments in post-conviction

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relief proceedings be sought by the filing of a petition for writ of certiorari in accordance with the

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supreme court rules of appellate procedure within sixty (60) days of the entry of final judgment.

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     This act would take effect upon passage.

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