Justia Rhode Island Supreme Court Opinion Summaries

In this case heard by the Supreme Court of Rhode Island, Somayina Odiah, the defendant, was appealing his conviction for one count of indecent solicitation of a child. The defendant had been communicating online with a person he believed to be a 14-year-old transitioning from male to female named “Alice.” However, “Alice” was a fictitious character created by the Rhode Island State Police for an undercover operation. The defendant was arrested after arranging to meet “Alice” in person. The defendant's argument on appeal focused on the claim that the state had not proven that “Alice” was “over the age of fourteen,” a necessary element for the charged offense.The Supreme Court of Rhode Island affirmed the conviction. It held that even if “Alice” had turned fourteen on the day of the charged offense, under Rhode Island law, a person reaches their next year in age at the first moment of the day prior to the anniversary date of their birth. Therefore, “Alice” would have been considered to be exactly fourteen years old on the day before the charged offense. The court concluded that the defendant was planning to meet a fourteen-year-old child, with whom he had communicated about sexual activity, and that the trial justice did not err in denying the motion to dismiss the charge on the basis of the state not proving "Alice" was "over the age of fourteen." Thus, the defendant's judgment of conviction was affirmed. View "State v. Odiah" on Justia Law

The controversy at the center of this case arose from a newspaper article written by Defendant Katherine Gregg that sparked an "acrimonious and childish on-air rant" by Defendant Dan Yorke, a well-known radio talk show host, about Plaintiff Robert I. Burke, a local restaurateur. The article described an annual St. Patrick's Day lunch hosted by William Murphy, the then-Speaker of the House of Representatives of the Rhode Island General Assembly, at one of Burke's restaurants. The lunch, a private event, was in large measure a "roast" of local public figures. In a story published by the Providence Journal, Gregg was openly critical of an "off the record" rule that allowed members of the media to attend the event, but banned them from disclosing the jokes made during the lunch. Her article attributed the creation and enforcement of the policy to both Burke and Murphy. Apparently incensed by the article, Yorke used his talk show as a platform to hurl a series of crude and disparaging remarks at Burke. Burke filed a complaint alleging various counts of libel and slander against Gregg, the Providence Journal Company, Yorke, and Citadel Broadcasting Corporation. Two other plaintiffs also joined in the action: BOEA, Inc. and the Food & Beverage Corporation. Food & Beverage Corp., which operated Burke's restaurant and is a parent corporation of BOEA, alleged its own counts of libel, slander, and interference with contractual relations against Yorke and Citadel. BOEA, the entity that operates Federal Reserve Special Events, alleged libel, slander, and breach of contract against Yorke and Citadel. All defendants filed motions to dismiss pursuant to Rule 12(b)(6) of the Superior Court Rules of Civil Procedure, and those motions were granted by a justice of the Superior Court. The plaintiffs appealed to the Supreme Court. "It is beyond question that Burke was justifiably offended by Yorke's . . . broadcast. Yorke's rambling diatribe would without a doubt ruffle the sensibilities of any listener at whom it was directed. Nevertheless, 'it is a prized American privilege to speak one's mind, although not always with perfect good taste * * *.' Therefore, his opinions unquestionably represented his interpretation of the facts presented in her article. Furthermore, as discussed above, even if Gregg's assertion that Burke was responsible for the 'off the record' rule was false or inaccurate, [the Court] concluded that as a matter of law it was not defamatory. Therefore, Yorke's comments were based on disclosed, non-defamatory facts, and [the Court] affirm[ed] the judgment of the Superior Court dismissing those claims." The Court vacated the decision pertaining to the breach of contract claim, and remanded the case for further proceedings on that issue. View "Burke v. Gregg" on Justia Law