Rhode Island Supreme Court Decisions 2016

Vieira v. Hussein-Vieira  
Date: December 21, 2016
Docket Number: 15-329

Justia Opinion Summary: Husband filed a complaint for divorce, citing irreconcilable differences. Wife counterclaimed for sole custody of the parties’ two minor children, alimony, child support, and equitable distribution of the marital assets....

Pontarelli v. Rhode Island Board Council on Elementary and Secondary Education  
Date: December 21, 2016
Docket Number: 15-332

Justia Opinion Summary: Plaintiff, an attorney employed as a hearing officer for the Rhode Island Department of Elementary and Secondary Education (RIDE), filed a complaint alleging that RIDE and the Rhode Island Board Counsel on Elementary and...

Garant v. Winchester  
Date: December 8, 2016
Docket Number: 15-339

Justia Opinion Summary: Plaintiff was injured on property owned by two individual owners. The unit owners together formed The 18-20 Woodland Court Condominium Association (Defendant). Just prior to the expiration of the relevant three-year stat...

Portsmouth Water and Fire District v. Rhode Island Public Utilities Commission  
Date: December 6, 2016
Docket Number: 12-242

Justia Opinion Summary: The City of Newport’s Utility Department, Water Division (Newport Water) filed a rate application with the Public Utilities Commission (PUC) requesting a revenue increase. The PUC issued an order in docket No. 3818 order...

State v. Lopez  
Date: December 6, 2016
Docket Number: 15-245

Justia Opinion Summary: After a jury trial, Defendant was convicted of murder in the first degree, discharging a firearm during a crime of violence, and conspiracy to commit murder. Defendant filed a motion for a new trial, arguing that the wei...

Rose v. Brusini  
Date: November 29, 2016
Docket Number: 15-298

Justia Opinion Summary: Plaintiffs Michael Rose and RC&D, Inc. filed suit against Defendants Stephen Brusini and the law firm Orson & Brusini Ltd. alleging professional negligence and breach of contract. The hearing justice granted summary judg...

State v. Grantley  
Date: November 28, 2016
Docket Number: 15-27

Justia Opinion Summary: After a jury trial, Defendant was found guilty of one count of assault with a dangerous weapon in a dwelling house and one count of breaking and entering of a dwelling house. The Supreme Court affirmed, holding (1) with...

Pullar v. Cappelli  
Date: November 17, 2016
Docket Number: 15-303

Justia Opinion Summary: Plaintiff, a resident of Florida, was a resident of Rhode Island at the time of the contract in dispute. Defendant was a resident of New York. Plaintiff entered into a contract in New York regarding Plaintiff’s employmen...

In re King J.  
Date: November 3, 2016
Docket Numbers: 14-277, 15-216

Justia Opinion Summary: After two separate trials, the family court entered decrees finding dependency as to Respondent’s sons, King and Saint, determining that the children were actually suffering or likely to suffer physical and/or emotional...

Cote v. Aiello  
Date: November 2, 2016
Docket Number: 13-311

Justia Opinion Summary: In 1996, Matthew Cote accepted an employment opportunity with Richmond Ready-Mix (RRM) when John Aiello explained that Plaintiff could purchase RRM in the future. Over the years, Aiello repeatedly assured Cote that he wo...

State v. Barros  
Date: October 31, 2016
Docket Number: 15-13

Justia Opinion Summary: After a jury trial, Defendant was found guilty of first-degree murder, possessing a firearm after having previously been convicted of a violent crime, and other crimes. Defendant was sentenced to consecutive life sentenc...

Boucher v. Sweet  
Date: October 28, 2016
Docket Number: 2002-7

Justia Opinion Summary: Kevin Sweet executed a promissory note to Richard Boucher secured by a mortgage on real estate. Sweet defaulted on the note, and Boucher commenced foreclosure proceedings on the real estate. After a foreclosure sale held...

State v. Edwards  
Date: October 27, 2016
Docket Number: 15-147

Justia Opinion Summary: After a jury-waived trial, Defendant was convicted of felony assault on a police officer, simple assault on a police officer, resisting arrest, driving under the influence of alcohol, and obstructing a police officer. Du...

In re Briann A.T.  
Date: October 18, 2016
Docket Numbers: 15-170, 16-233

Justia Opinion Summary: The family court issued a decision granting the State’s petition to terminate Father’s parental rights to his two daughters. The family court justice finding by clear and convincing evidence that Father was an unfit pare...

State v. Brown  
Date: July 15, 2016
Docket Number: 14-194

Justia Opinion Summary: In 1996, Defendant entered a plea of nolo contendere to several sex offenses and was sentenced to a term of incarceration. After Defendant was released on probation, he applied for a transfer of his probation supervision...

Tempest v. State  
Date: July 14, 2016
Docket Number: 15-257

Justia Opinion Summary: In 1992, a jury found Defendant guilty of murder in the first degree. The Supreme Court affirmed the conviction. In 2004, Defendant filed an application for postconviction relief pursuant to Rhode Island’s Innocence Prot...

Prew v. Employee Ret. Sys. of City of Providence  
Date: July 13, 2016
Docket Number: 14-270

Justia Opinion Summary: Petitioner, after more than fifteen years of service in the City of Providence Police Department, was injured while on duty. The Department concluded that Petitioner’s injury interfered with her ability to handle a firea...

State v. Soler  
Date: July 12, 2016
Docket Number: 13-241

Justia Opinion Summary: After a jury trial, Defendant was convicted of assault with a dangerous weapon and vandalism. Defendant appealed, arguing that the trial justice erred in granting the State’s motion to preclude Defendant from discussing...

Reyes v. State  
Date: July 11, 2016
Docket Number: 14-161

Justia Opinion Summary: In 1994, Applicant entered a plea of nolo contendere to the offense of maintaining a narcotics nuisance. In 2012, Applicant filed a pro se application seeking to vacate his nolo contendere plea. In his application Applic...

State v. Garcia  
Date: July 7, 2016
Docket Number: 13-189

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder and related crimes. Defendant was sentenced to life imprisonment on the murder count. Defendant appealed, arguing that the trial court erred by denying h...

In re Izabella G.  
Date: July 7, 2016
Docket Number: 15-162

Justia Opinion Summary: The family court entered a decree that terminated Respondent’s parental rights. The decree rested primarily on Respondent's criminal convictions, including a conviction for first-degree murder. While Respondent’s appeal...

State v. Martinez  
Date: July 7, 2016
Docket Number: 15-309

Justia Opinion Summary: After a jury trial, Defendant was convicted of possession of a controlled substance with intent to deliver, possession of a firearm while in possession of a controlled substance with intent to deliver, and conspiracy to...

Sisto v. America Condo. Ass’n, Inc.  
Date: June 29, 2016
Docket Number: 15-181

Justia Opinion Summary: Plaintiff filed an application with the Coastal Resources Management Council (CRMC) seeking to expand his condominium unit. Defendants filed an objection to the proposal, asserting that Plaintiff did not own the property...

America Condo. Ass’n, Inc. v. Mardo  
Date: June 28, 2016
Docket Numbers: 14-184, 14-185, 14-186

Justia Opinion Summary: Goat Island South Condominium (GIS) was comprised of three subcondominium residence areas - Harbor Houses Condominium (Harbor Houses), America Condominium (America), and Capella South Condominium (Capella). The Constella...

Manning v. Bellafiore  
Date: June 24, 2016
Docket Numbers: 13-14, 13-16

Justia Opinion Summary: Kathryn Manning (Plaintiff), individually and as administratrix of the estate of Michael Manning (Manning) and on behalf of her four minor children, brought this negligence and wrongful death action against Dr. Peter Bel...

Whittemore v. Thompson  
Date: June 24, 2016
Docket Numbers: 14-157, 14-158, 14-160

Justia Opinion Summary: Plaintiffs filed three petitions for relief from property tax assessments on their home for the tax years 2009 through 2011. The petitions and appeals were consolidated. The trial justice granted judgment in favor of Pla...

Newstone Dev., LLC v. East Pacific, LLC  
Date: June 24, 2016
Docket Number: 14-240

Justia Opinion Summary: Plaintiff owned several units in a waterfront luxury condominium complex when an incident involving a frozen water pipe and its diluvial aftermath caused extensive property damage to several of the units. Plaintiff filed...

Lipscomb v. State  
Date: June 24, 2016
Docket Number: 15-45

Justia Opinion Summary: In 2012, Applicant filed an amended application for postcoviction relief asserting that his convictions in four prior drug-offenses cases were the result of ineffective assistance of counsel because he had pled nolo cont...

Roy v. State  
Date: June 23, 2016
Docket Numbers: 13-213, 14-39

Justia Opinion Summary: In 2008, Brett Roy broke his neck when diving into a pond at World War II Veterans Memorial Park in Woonsocket. Roy and his wife (Plaintiffs) filed suit against the State, the Rhode Island Department of Environmental Man...

Kenlin Props., LLC v. City of East Providence  
Date: June 23, 2016
Docket Number: 13-321

Justia Opinion Summary: An East Providence zoning officer issued a notice of violation, finding violations of a use variance that was granted in 1998 to the owner and operator of a construction and demolition debris processing facility known as...

Hyde v. Roman Catholic Bishop of Providence  
Date: June 22, 2016
Docket Numbers: 14-174, 14-175

Justia Opinion Summary: Plaintiffs sued the Roman Catholic Bishop of Providence (Defendant) alleging that a visiting priest sexually abused them more than four decades ago. The superior court granted summary judgment in favor of Defendant, conc...

Tri-Town Constr. Co. v. Commerce Park Assocs. 12, LLC  
Date: June 22, 2016
Docket Numbers: 15-22, 15-146

Justia Opinion Summary: Defendants defaulted on a loan. At the ensuing foreclosure proceedings, Plaintiff purchased the property securing the loan. Thereafter, Plaintiff filed a complaint against Defendants seeking to secure the resulting defic...

State v. Gaudreau  
Date: June 17, 2016
Docket Number: 14-78

Justia Opinion Summary: After a jury trial, Defendant was found guilty of first-degree arson. The trial justice sentenced Defendant to a term of twenty-five years’ imprisonment. The Supreme Court affirmed the judgment of conviction, holding (1)...

Dominick v. Rhode Island  
Date: June 16, 2016
Docket Number: 15-120

Justia Opinion Summary: Applicant Robert Dominick appealed the denial of his application for postconviction relief, arguing the trial court erred in finding that he failed to present newly discovered evidence that would have entitled him to a n...

Rhode Island v. Rosado  
Date: June 16, 2016
Docket Number: 15-92

Justia Opinion Summary: This case involved a shooting that occurred in the City of Woonsocket, which left Ikey Wilson with severe injury to his stomach and required the amputation of his right leg. Defendant Christian Rosado appealed his convic...

Voccola v. Forte  
Date: June 13, 2016
Docket Numbers: 13-216, 13-217, 13-220

Justia Opinion Summary: In two consolidated actions, Edward Voccola (Mr. Voccola) sought to recover property which he alleged his daughter, Patricia, had wrongfully transferred. Patricia and her company, Red Fox Realty, LLC, were named as defen...

State v. Connery  
Date: June 8, 2016
Docket Number: 15-155

Justia Opinion Summary: In 2012, defendant was charged with simple assault, G.L. 1956 11-5-3. On February 15, 2013, a separate criminal information was filed charging defendant with “break[ing] and enter[ing] the dwelling of [defendant’s siste...

Santos v. D. Laikos, Inc.  
Date: June 7, 2016
Docket Number: 15-300

Justia Opinion Summary: Plaintiff claims that on April 30, 2011 he sustained personal injuries during a “melee” at defendants’ Providence nightclub. On April 18, 2014, he filed a complaint that erroneously stated that the incident occurred on N...

Morse v. Employees Ret. Sys. of the City of Providence  
Date: June 6, 2016
Docket Number: 13-252

Justia Opinion Summary: Morse, a long-time fire-rescue captain, had separate work-related back injuries in 2009 and 2011. In both cases he was eventually released to work. Morse injured his back again while lifting a patient during a 2012 res...

Cashman Equip. Corp., Inc. v. Cardi Corp., Inc.  
Date: June 3, 2016
Docket Number: 14-284

Justia Opinion Summary: Cashman sued, alleging Cardi provided defective cofferdams for construction of the Sakonnet River Bridge. Cofferdams are temporary watertight enclosures that are pumped dry to expose the bottom of a body of water so that...

State v. Fairweather  
Date: June 3, 2016
Docket Number: 15-123

Justia Opinion Summary: In February 2008, defendant received a seven-year suspended sentence with probation, after he had pled nolo contendere to one count of breaking and entering a dwelling. In June 2012, after defendant was found to be in vi...

Hall v. City of Newport  
Date: June 2, 2016
Docket Number: 15-259

Justia Opinion Summary: In 2003, Budlong, a Rhode Island Public Transit Authority bus driver, claimed that he was assaulted while on his bus route. Over a year later, Budlong identified Hall as his attacker. Budlong’s bus route went by the Hall...

State v. Benoit  
Date: June 1, 2016
Docket Number: 14-354

Justia Opinion Summary: Benoit was working as part of a crew replacing windows at an apartment complex, when a resident found him rifling through a wallet that was on the top of a dresser in the resident’s bedroom. Benoit was convicted of enter...

State v. Breton  
Date: May 27, 2016
Docket Number: 14-149

Justia Opinion Summary: Early in the morning of October 25, 2011, as she was leaving for work, Lora, was viciously attacked by a masked assailant in the front hall of her home and was severely cut on her face with a small blade. Lora subsequent...

State v. Florez  
Date: May 27, 2016
Docket Number: 14-280

Justia Opinion Summary: Florez was convicted of one count of second-degree child molestation sexual assault (sexual contact with a person 14 years of age or under) in violation of G.L. 1956 11-37-8.3 and 11-37-8.4 and was sentenced to 20 years’...

In the Matter of B.H.  
Date: May 26, 2016
Docket Numbers: 13-364, 14-19

Justia Opinion Summary: In 2012, the Cranston Police Department filed delinquency petitions alleging that, when B.H. was 13 years old, he committed two offenses that, if committed by an adult, would constitute the offense of first-degree child...

Ribeiro v. Rhode Island Eye Inst.  
Date: May 10, 2016
Docket Numbers: 13-297, 13-298, 13-299

Justia Opinion Summary: Plaintiff brought this medical malpractice lawsuit against Defendants, his optometrist and his optometrist’s employer, arguing that his optometrist breach the duty of care to him because he failed to diagnose a detached...

Conley v. Fontaine  
Date: May 9, 2016
Docket Number: 15-48

Justia Opinion Summary: Plaintiff purchased certain property at a tax sale and then filed a petition to foreclose tax lien seeking to foreclose Bank’s right of redemption with respect to the property. Bank did not timely file an answer after it...

Joachim v. Straight Line Prods., LLC  
Date: May 6, 2016
Docket Numbers: 2013-149, 13-227

Justia Opinion Summary: Plaintiff filed a complaint against Defendants alleging breach of fiduciary duty resulting from oppressive conduct, breach of fiduciary duty resulting from self-dealing, fraud in the inducement, and negligent misrepresen...

State v. Ray  
Date: April 29, 2016
Docket Number: 13-278

Justia Opinion Summary: Defendant was charged with one count of possession of cocaine. Defendant moved to suppress physical evidence seized and statements made to the police, arguing that he was arrested without probable cause and that the subs...

State v. Beaudoin  
Date: April 26, 2016
Docket Number: 12-325

Justia Opinion Summary: In 2009, Defendant pled nolo contendere to one count of felony assault. Defendant was sentenced to a term of imprisonment and the balance suspended with probation. In 2012, the State filed a notice of probation violation...

State v. Beaudoin  
Date: April 26, 2016
Docket Number: 13-254

Justia Opinion Summary: In 2010, the General Assembly amended R.I. Gen. Laws 12-19-18 to provide that a sentence of imprisonment after a finding of probation violation shall be quashed and the imprisonment terminated in certain circumstances oc...

5750 Post Road Med. Offices, LLC v. East Greenwich Fire Dist.  
Date: April 26, 2016
Docket Number: 14-169

Justia Opinion Summary: Five corporate plaintiffs sued the East Greenwich Fire District and the Town of East Greenwich alleging that Defendants’ imposition and collection of development impact fees from developers who applied for a building per...

Gregoire v. Baird Props., LLC  
Date: April 26, 2016
Docket Number: 14-261

Justia Opinion Summary: Plaintiffs, tenants on property owned by Baird Properties, were required to vacate the premises they leased and to remove their belongings when the property was condemned due to a lack of electricity, heating and water....

State v. Bojang  
Date: April 26, 2016
Docket Number: 14-269

Justia Opinion Summary: Defendant was charged with eight counts of first-degree child molestation. Defendant filed a motion to suppress statements he made after his arrest and during his interrogations at the police department, claiming that th...

Nuzzo v. Nuzzo Campion Stone Enters., Inc.  
Date: April 21, 2016
Docket Numbers: 15-132, 15-133

Justia Opinion Summary: This case stemmed from a number of disputes that arose after the defendant corporation, Nuzzo Campion Stone Enterprises, Inc. (NCS), was purchased by its present owner. Plaintiff James Nuzzo alleged that he was owed $133...

In re Kyle A.  
Date: April 15, 2016
Docket Number: 14-307

Justia Opinion Summary: After an adjudication, Respondent was found delinquent for engaging in second-degree child molestation sexual assault. At the conclusion of a sentencing hearing, the family court ordered that Respondent register as a sex...

Lemerise v. Commerce Ins. Co.  
Date: April 13, 2016
Docket Number: 14-244

Justia Opinion Summary: Plaintiff was a pedestrian in a crosswalk when he was struck by a vehicle operated by an uninsured motorist. Plaintiff, who was an insured under his mother’s automobile insurance policy, filed suit against The Commerce I...

Providence Journal Co. v. R.I. Dep’t of Pub. Safety  
Date: April 11, 2016
Docket Number: 14-182

Justia Opinion Summary: The Providence Journal Company and Amanda Milkovits (collectively, the Journal) requested records from the Rhode Island State Police concerning an investigation of an underage drinking incident at property owned by the t...

State v. Williams  
Date: April 11, 2016
Docket Number: 14-216

Justia Opinion Summary: After a jury trial, Defendant was convicted of assault with a dangerous weapon. Defendant was sentenced to five years’ imprisonment, suspended, with five years of probation. The Supreme Court affirmed the judgment of con...

State v. Gonzalez  
Date: March 29, 2016
Docket Number: 13-289

Justia Opinion Summary: After a jury trial, Defendant was convicted of murder in the first degree and related crimes. Defendant appealed, arguing that the trial justice erred in (1) failing to grant his motion to suppress evidence that was obta...

Estate of Richard J. Deeble v. Dep’t of Transp.  
Date: March 24, 2016
Docket Number: 14-235

Justia Opinion Summary: The Rhode Island Department of Transportation (RIDOT) condemned a parcel of real property owned by Richard Deeble and his wife for highway purposes. The Deebles subsequently died. RIDOT utilized only a portion of the con...

Van Hoesen v. Lloyd’s of London  
Date: March 24, 2016
Docket Numbers: 15-209, 15-227

Justia Opinion Summary: Mark Van Hoesen was seriously injured when he fell from a deck. Van Hoesen and his wife (together, Plaintiffs) filed an amended complaint alleging negligence against Lloyd’s of London, the insurer of the contractor who c...

In re Janet S. Bagdis Living Trust Agreement  
Date: March 24, 2016
Docket Number: 15-40

Justia Opinion Summary: At issue in this case was an inter vivos trust. The trust provided for three shares that were to be apportioned among the Settlor’s daughter and successor trustee, Lynne, the Settlor's son, Neil, and the Settlor's grandc...

Cathay Cathay, Inc. v. Vindalu, LLC  
Date: March 17, 2016
Docket Numbers: 13-337, 13-341

Justia Opinion Summary: At dispute in this decade-old case was the various rice dishes offered for sale in the food court at the Providence Place Mall. These consolidated appeals represented the second and third times that the Supreme Court was...

Tarbox v. Zoning Bd. of Review  
Date: March 15, 2016
Docket Numbers: 14-188, 14-189

Justia Opinion Summary: Plaintiffs sought a dimensional variance by the Zoning Board of Review of the Town of Jamestown. After the Board denied the variance, Plaintiffs appealed. The superior court reversed the Board’s decision and granted Plai...

State v. Isom  
Date: March 15, 2016
Docket Number: 14-268

Justia Opinion Summary: After a jury trial, Defendant was convicted of one count of breaking and entering. The trial justice sentenced Defendant to a term of incarceration and also adjudged Defendant to be a habitual offender. The Supreme Court...

Bisbano v. Strine Printing Co., Inc.  
Date: March 14, 2016
Docket Number: 15-51

Justia Opinion Summary: After Strine Printing Company terminated Richard Bisbano’s employment, Bisbano filed an eight count complaint against Strine Printing and its president, alleging, inter alia, wrongful termination. During the pendency of...

State v. Hunt  
Date: March 12, 2016
Docket Number: 14-195

Justia Opinion Summary: Defendant was charged with two counts of second-degree child molestation. After a jury trial, Defendant was convicted on Count 1 and acquitted on Count 2. Defendant appealed, arguing that the trial justice erred in his i...

State v. Greenslit  
Date: March 11, 2016
Docket Number: 13-290

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder, failure to report a death with the intention of concealing a crime, obstruction of a firefighter while in the execution of his duty, and violation of a...

Albanese v. Town of Narragansett  
Date: March 7, 2016
Docket Number: 14-178

Justia Opinion Summary: Plaintiff filed a multi-count complaint against Defendants - the Town of Narragansett, the treasurer for the town, the town police department, and two police officers - alleging, among other things, assault and battery,...

Goddard v. APG Security-RI, LLC  
Date: March 7, 2016
Docket Number: 14-239

Justia Opinion Summary: Plaintiff filed a complaint against APG Security-RI, LLC (APG) and employees/agents of APG (collectively, Defendants) alleging that when she was employed as a security guard by APG, Defendants violated the employer drug...

Power Test Realty Co. Ltd. P’ship v. Coit  
Date: March 4, 2016
Docket Number: 13-76

Justia Opinion Summary: In a contested enforcement action, the Department of Environmental Management (DEM) ordered Power Test Realty Company Limited Partnership to remediate a site onto and under which petroleum had been released and imposed a...

State v. Van Dongen  
Date: February 24, 2016
Docket Number: 14-225

Justia Opinion Summary: After a jury-waived trial, Defendant was convicted of domestic simple assault and domestic disorderly conduct. The Supreme Court affirmed the judgment, holding (1) sufficient competent and credible evidence existed in th...

State v. Maria  
Date: February 24, 2016
Docket Number: 14-252

Justia Opinion Summary: After a jury trial, Defendant was found guilty of possession of cocaine with intent to deliver. Defendant was sentenced to a term of fifteen years’ incarceration, with five years to serve and ten years suspended, with pr...

Bank of America, N.A. v. P.T.A. Realty, LLC, et al.  
Date: February 19, 2016
Docket Number: 14-0293

Justia Opinion Summary: The dispute in this receivership action centered on the receiver’s sale of commercial property owned by P.T.A. Realty, LLC to NMLM Realty, LLC. NMLM’s agent, Liberty Title & Escrow Company, failed to list all the municip...

Perry v. State  
Date: February 18, 2016
Docket Number: 12-49

Justia Opinion Summary: After a jury trial, Appellant was convicted of conspiracy to commit assault with a dangerous weapon and assault with a dangerous weapon. Appellant was also charged with first-degree murder, but the jury was unable to rea...

Turdo v. Main  
Date: February 18, 2016
Docket Number: 14-150

Justia Opinion Summary: After a jury-waived trial, the trial justice entered judgment in favor of Defendant on Plaintiff’s breach of contract claim. The justice also entered judgment in favor of Defendant on his counterclaim for conversion. Pla...

Izzo v. Victor Realty  
Date: February 18, 2016
Docket Number: 14-165

Justia Opinion Summary: John Izzo was the owner of certain property and his mother, Carmel Izzo, held a mortgage on the property. After the failure to pay sewer fees, the property was put up for sale at a tax sale. Defendant purchased the prope...

Free & Clear Co. v. Narragansett Bay Comm’n  
Date: February 12, 2016
Docket Number: 13-336

Justia Opinion Summary: The Free & Clear Company (Free & Clear) filed suit alleging that the Narragansett Bay Commission (NBC) owed it damages. NBC admitted liability, and the case proceed to trial on the issue of damages only. The jury returne...

Hogan v. McAndrew  
Date: February 12, 2016
Docket Number: 14-255

Justia Opinion Summary: Father and Mother were both dual citizens of the United States and the Republic of Ireland. The parties later divorced. In accordance with a property settlement agreement, the parties share joint custody of their three c...

State v. Roldan  
Date: February 12, 2016
Docket Number: 14-297

Justia Opinion Summary: After a jury trial, Defendant was convicted of felony assault with a dangerous weapon, discharging a firearm while committing a crime of violence, and carrying a handgun without a license. Defendant appealed, arguing pri...

State v. Davis  
Date: February 5, 2016
Docket Number: 13-312

Justia Opinion Summary: After a jury trial, Defendant was found guilty of murder, using a firearm while committing a crime of violence resulting in a death, and carrying a pistol without a license. Defendant appealed, asserting a number of argu...

Carlson v. Town of South Kingstown  
Date: February 5, 2016
Docket Number: 14-318

Justia Opinion Summary: Plaintiff was injured at a park owned by the Town of South Kingstown while she was a spectator at a Little League baseball game organized by the South Kingstown Little League (Defendant). Plaintiff brought this complaint...

State v. Offley  
Date: February 4, 2016
Docket Number: 13-272

Justia Opinion Summary: After a jury trial, Defendant was convicted of first-degree murder, conspiracy to commit murder, and related crimes. Defendant appealed, arguing that the trial justice erred in (1) admitting prior testimony of a witness...

State v. Fry  
Date: February 1, 2016
Docket Number: 13-221

Justia Opinion Summary: After a jury trial, Defendant was found guilty of second degree murder. Defendant was sentenced to a term of forty years’ imprisonment. The Supreme Court affirmed, holding that the trial justice did not err in (1) instru...

In re Estate of Ross  
Date: February 1, 2016
Docket Number: 14-355

Justia Opinion Summary: Plaintiffs, the children of William B. Ross, appealed the probate of William's estate. Specifically, Plaintiffs challenged the fifth and final accounting of the decedent’s guardian and sister, Nancy Howard, alleging that...

State v. Lopez  
Date: January 15, 2016
Docket Number: 14-251

Justia Opinion Summary: After a jury trial, Defendant was convicted of assault with a dangerous weapon and other firearm-related offenses. Defendant appealed, arguing that the trial justice erred in denying his motion for a new trial because tw...

DePasquale v. Cwiek  
Date: January 14, 2016
Docket Number: 15-83

Justia Opinion Summary: Plaintiffs allowed a wind turbine to be built on their property in North Kingstown. None of the electricity produced by this wind turbine was sold to the public but, rather, was sold directly to National Grid. The Town o...

Danforth v. More  
Date: January 14, 2016
Docket Numbers: 15-94, 15-127

Justia Opinion Summary: Sophie Danforth entered into a purchase and sales agreement (PSA) with Timothy and Rebecca More, pursuant to which Danforth agreed to sell, and the Mores agreed to purchase, certain real estate. The PSA provided that $30...

Botelho v. City of Pawtucket Sch. Dep’t  
Date: January 13, 2016
Docket Number: 14-303

Justia Opinion Summary: Plaintiffs, sixteen retirees from non teaching union positions with the City of Pawtucket school department, sought reimbursement of the health insurance co-payments that they paid after Defendants - the City, the school...

CCF, LLC v. Pimental  
Date: January 12, 2016
Docket Number: 13-288

Justia Opinion Summary: Plaintiff operated a Wendy’s restaurant in East Greenwich. One defendant had received permission to build a new McDonald’s restaurant with a drive-through window on property located down the street. Plaintiff sought a ma...

Cotter v. Dias  
Date: January 12, 2016
Docket Number: 14-126

Justia Opinion Summary: Plaintiff filed a complaint alleging that she was shopping at a Walgreens store when she was hit and injured by a ball that an employee of Walgreens had thrown. The trial justice eventually dismissed the case with prejud...

Behroozi v. Kirshenbaum  
Date: January 12, 2016
Docket Number: 15-55

Justia Opinion Summary: Defendant, an attorney, represented Plaintiff in post-final judgment divorce proceedings. Defendant later withdrew as counsel with the family court’s approval. Three years later, Plaintiff filed a complaint against Defen...

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