Quimbee logo
DMCA.com Protection Status

State v. Tiernan

645 A.2d 482 (1994)

Case BriefRelatedOptions
From our private database of 34,000+ case briefs...

State v. Tiernan

Rhode Island Supreme Court

645 A.2d 482 (1994)

Facts

David Tiernan (defendant) initially pled innocence to charges of molesting a child and stood trial. His victim, a little girl, had to testify about what Tiernan did to her. The jury convicted. Afterward Tiernan indicated he would appeal. At sentencing, Tiernan claimed his background, his clean prior record, and the nature of the crime justified a sentence involving treatment and counseling instead of prison. The trial judge sentenced Tiernan to 20 years, eight in prison and 12 suspended, citing the standard five factors, “the nature of the offense and the offender, punishment, rehabilitation and deterrence.” The judge explained that punishment and deterrence were most important because treatment would not work unless Tiernan acknowledged guilt, yet he had continued protesting his innocence. Tiernan moved to reduce his sentence. At the hearing, Tiernan admitted guilt and professed remorse, claiming that his own childhood molestation kept him from acknowledging his crime. After the victim’s mother testified about the traumatic effects the molestation and trial had on her daughter, the judge denied Tiernan’s motion. The judge said Tiernan had made the girl testify and then asserted his right to appeal knowing her statements were true. Tiernan appealed, arguing that the judge penalized Tiernan with a longer sentence for invoking his Fifth Amendment privilege against self-incrimination and exercising his Sixth Amendment right to stand trial.

Rule of Law

Issue

Holding and Reasoning (Weisberger, Acting C.J.)

What to do next…

  1. Unlock this case brief with a free (no-commitment) trial membership of Quimbee.

    You’ll be in good company: Quimbee is one of the most widely used and trusted sites for law students, serving more than 607,000 law students since 2011. Some law schools—such as Yale, Berkeley, and Northwestern—even subscribe directly to Quimbee for all their law students.

    Unlock this case briefRead our student testimonials
  2. Learn more about Quimbee’s unique (and proven) approach to achieving great grades at law school.

    Quimbee is a company hell-bent on one thing: helping you get an “A” in every course you take in law school, so you can graduate at the top of your class and get a high-paying law job. We’re not just a study aid for law students; we’re the study aid for law students.

    Learn about our approachRead more about Quimbee

Here's why 607,000 law students have relied on our case briefs:

  • Written by law professors and practitioners, not other law students. 34,000 briefs, keyed to 984 casebooks. Top-notch customer support.
  • The right amount of information, includes the facts, issues, rule of law, holding and reasoning, and any concurrences and dissents.
  • Access in your classes, works on your mobile and tablet. Massive library of related video lessons and high quality multiple-choice questions.
  • Easy to use, uniform format for every case brief. Written in plain English, not in legalese. Our briefs summarize and simplify; they don’t just repeat the court’s language.

Access this case brief for FREE

With a 7-day free trial membership
Here's why 607,000 law students have relied on our case briefs:
  • Reliable - written by law professors and practitioners, not other law students
  • The right length and amount of information - includes the facts, issue, rule of law, holding and reasoning, and any concurrences and dissents
  • Access in your class - works on your mobile and tablet
  • 34,000 briefs - keyed to 984 casebooks
  • Uniform format for every case brief
  • Written in plain English - not in legalese and not just repeating the court's language
  • Massive library of related video lessons - and practice questions
  • Top-notch customer support

Access this case brief for FREE

With a 7-day free trial membership