D’Alessio v. State
Annotate this CaseIn 2002, Applicant was convicted for the second-degree murder of his infant daughter. In 2007, Applicant filed an application for postconviction relief, alleging that newly discovered evidence required a new trial. At a hearing before a justice of the superior court, Applicant presented the testimony of Dr. Richard T. Callery, who, while he was employed with Rhode Island’s Office of State Medical Examiners, had reviewed the victim’s file. The hearing justice denied the application for postconviction relief, concluding that the newly discovered evidence was not material and would not change the verdict at trial. The Supreme Court affirmed, holding that the testimony of Dr. Callery did not warrant postconviction relief.
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