Justia Rhode Island Supreme Court Opinion Summaries
Barros v. State
The Supreme Court affirmed the judgment of the superior court denying Petitioner’s application for postconviction relief, in which Petitioner claimed that he received ineffective assistance of trial counsel. The Court held (1) Petitioner’s trial counsel was not ineffective for failing to utilize an expert witness on false confessions; (2) the trial justice did not clearly err in refusing to approve funding for the hiring of an expert witness on false confessions in this postconviction relief action; and (3) trial counsel was not ineffective for failing to file a motion to recuse the justice during the trial, and the trial justice did not err in not recusing himself from hearing the instant application for postconviction relief. View "Barros v. State" on Justia Law
Terzian v. Lombardi
The Supreme Court affirmed the judgment of the superior court granting the motions for summary judgment filed by Defendants - a Union and the Treasurer for the City of Providence - holding that the Court need not pass on the merits of the superior court’s ruling because, under the raise-or-waive rule, Plaintiff forfeited his right to appellate review.On appeal, Plaintiff argued that the hearing justice erred in granting Defendants’ motions for summary judgment because the City could not terminate him for off-duty conduct and because the Union did not comply with its duty to fairly represent him. The Supreme Court held that Plaintiff was precluded from pursuing his right to appellate review because he failed to comply with the dictates of Rule 16(a) of the Supreme Court Rules of Appellate Procedure in his appellate brief in this case. View "Terzian v. Lombardi" on Justia Law
Posted in:
Civil Procedure, Labor & Employment Law
Terzian v. Lombardi
The Supreme Court affirmed the judgment of the superior court granting the motions for summary judgment filed by Defendants - a Union and the Treasurer for the City of Providence - holding that the Court need not pass on the merits of the superior court’s ruling because, under the raise-or-waive rule, Plaintiff forfeited his right to appellate review.On appeal, Plaintiff argued that the hearing justice erred in granting Defendants’ motions for summary judgment because the City could not terminate him for off-duty conduct and because the Union did not comply with its duty to fairly represent him. The Supreme Court held that Plaintiff was precluded from pursuing his right to appellate review because he failed to comply with the dictates of Rule 16(a) of the Supreme Court Rules of Appellate Procedure in his appellate brief in this case. View "Terzian v. Lombardi" on Justia Law
Posted in:
Civil Procedure, Labor & Employment Law
State v. Porter
The Supreme Court affirmed the trial court’s judgment convicting Defendant of second-degree murder, discharging a weapon while committing a crime of violence, and possession of a firearm, having previously been convicted of a felony. The Court held (1) the trial justice properly denied Defendant’s Watson claims as to two prospective jurors; (2) the trial justice did not improperly restrict the cross-examination of a witness about a firearm the witness saw two days before the homicide; (3) the trial justice did not err when she denied Defendant’s motion to pass the case after a spectator’s emotional outburst during the defense’s opening statement; and (4) the trial justice did not err by denying Defendant’s motion for a new trial. View "State v. Porter" on Justia Law
Posted in:
Criminal Law
Wu-Carter v. Carter
The Supreme Court affirmed in part and vacated in part a family court decision pending entry of final judgment following a divorce proceeding, holding that the trial justice erred in not identifying certain assets as marital property, which would have been subject to equitable distribution upon divorce. The Court held that the trial justice (1) properly applied all the equitable-distribution factors enumerated in R.I. Gen. Laws 15-5-16.1; (2) erred in determining the marital estate by incorrectly identifying certain assets as nonmarital property; and (3) did not err in denying Husband’s request for counsel fees. View "Wu-Carter v. Carter" on Justia Law
Posted in:
Family Law
ABC Building Corp. v. Ropolo Family, LLC
The Supreme Court affirmed the order of the superior court that confirmed an arbitration award in favor of Plaintiff and a corresponding judgment of the superior court in favor of Plaintiff and against Defendant in the amount of $72,415, plus statutory interest in the amount of $7,086.24.The parties in this case entered into a contract for the construction of a restaurant. When a dispute arose, the parties proceeded to arbitration. The arbitrator awarded $72,415 to Plaintiff, plus $7,086.24 in interest. The superior court confirmed the arbitration award and entered judgment accordingly. The Supreme Court affirmed, holding that none of the conditions pursuant to which an arbitration award must be vacated were present in this case. View "ABC Building Corp. v. Ropolo Family, LLC" on Justia Law
Posted in:
Arbitration & Mediation
Warfel v. Town of New Shoreham
Plaintiffs did not have standing to seek review of the Town of New Shoreham’s decision to purchase a majority of the shares of Block Island Power Company (BIPCO).Plaintiffs - certain residents and taxpayers of the Town and BIPCO ratepayers - filed a motion seeking to enjoin the closing of sale of two-thirds of the shares of BIPCO by the New Shoreham town council. The superior court granted the Town’s motion to dismiss, concluding that Plaintiffs violated Rules 8 and 19 of the Superior Court Rules of Civil Procedure and that the superior court did not have subject-matter jurisdiction to hear the dispute. The stock sale subsequently closed. Plaintiffs appealed. The Supreme Court dismissed the appeal, holding that Plaintiffs lacked standing to bring this action. View "Warfel v. Town of New Shoreham" on Justia Law
Posted in:
Business Law, Civil Procedure
DiSano v. Argonaut Insurance Co.
The Supreme Court affirmed the order of the superior court denying Plaintiff’s petition to vacate an arbitration award, granting Defendant’s petition to confirm the arbitration award, and granting Defendant’s motion to quash the deposition subpoena of the dissenting arbitrator, holding that the hearing justice’s rulings were proper.Plaintiff, an employee of the Providence Water Supply Board (PWSB), was operating a PWSB-owned vehicle when he was injured in an accident. Plaintiff sought underinsured motorist coverage through an insurance policy issued by Defendant-insurer to PWSB. The policy contained an arbitration provision. A majority of a panel of three arbitrators issued a decision finding in favor of Defendant, and one arbitrator dissented from the decision. A hearing justice found that majority’s decision to be “rational and logical” and deemed Plaintiff’s subpoena seeking to depose the dissenting arbitrator to be unnecessary. The Supreme Court affirmed, holding (1) the hearing justice appropriately denied Plaintiff’s petition to vacate the arbitration award; and (2) the issue of whether the hearing justice properly quashed the deposition subpoena of the dissenting arbitrator was waived. View "DiSano v. Argonaut Insurance Co." on Justia Law
Posted in:
Arbitration & Mediation
Jaffe v. Pournaras
The Supreme Court affirmed the judgment of the superior court granting Plaintiff’s request for declaratory relief and prohibiting Defendant from transferring assets of the decedent’s irrevocable living trust into the decedent’s estate.Plaintiff and Defendant were the two surviving children of the decedent. After Defendant was appointed as the personal representative of the decedent’s estate, Plaintiff filed a complaint seeking to prevent Defendant from transferring the assets of the irrevocable trust into the decedent’s estate. Specifically, Plaintiff alleged that Defendant intended to transfer assets from the irrevocable trust to the decedent’s estate by exercising the limited power of appointment in a provision of the irrevocable trust. The district court issued a decision in favor of Plaintiff. The Supreme Court affirmed, holding that Defendant’s intended exercise of the limited power of appointment contained in the decedent’s irrevocable living trust was invalid. View "Jaffe v. Pournaras" on Justia Law
Posted in:
Trusts & Estates
Jaffe v. Pournaras
The Supreme Court affirmed the judgment of the superior court granting Plaintiff’s request for declaratory relief and prohibiting Defendant from transferring assets of the decedent’s irrevocable living trust into the decedent’s estate.Plaintiff and Defendant were the two surviving children of the decedent. After Defendant was appointed as the personal representative of the decedent’s estate, Plaintiff filed a complaint seeking to prevent Defendant from transferring the assets of the irrevocable trust into the decedent’s estate. Specifically, Plaintiff alleged that Defendant intended to transfer assets from the irrevocable trust to the decedent’s estate by exercising the limited power of appointment in a provision of the irrevocable trust. The district court issued a decision in favor of Plaintiff. The Supreme Court affirmed, holding that Defendant’s intended exercise of the limited power of appointment contained in the decedent’s irrevocable living trust was invalid. View "Jaffe v. Pournaras" on Justia Law
Posted in:
Trusts & Estates