Justia Rhode Island Supreme Court Opinion Summaries
Gomes v. State
Defendant pleaded nolo contendere to assault in a dwelling house with intent to murder while armed with a dangerous weapon and carrying a pistol on or about his person without a license. While Defendant was on parole, he was arrested and charged with domestic assault and failure to relinquish a telephone. Also while on parole Defendant was charged with breaking and entering. After a hearing, Defendant admitted that he violated the terms and conditions of his probation. Defendant later filed an application for postconviction relief alleging that he was denied the effective assistance of counsel at the probation violation hearing and that he did not knowingly, intelligently, and voluntarily admit a violation of probation. A hearing justice denied Defendant’s application for postconviction relief. The Supreme Court affirmed, holding (1) any alleged deficient performance by Defendant’s attorney was not so prejudicial as to deprive Defendant to a fair trial; and (2) Defendant’s admission was made knowingly, intelligently, and voluntarily. View "Gomes v. State" on Justia Law
Tri-Town Construction Co. v. Commerce Park Associates 12, LLC
The raise-or-waive rule barred consideration of the argument brought before the Supreme Court on appeal in this breach of a promissory note case.In a prior appeal in this case, the Supreme Court affirmed a judgment of the superior court in favor of the Judgment Creditor against the Judgment Debtors in the amount of nearly $4 million plus post-judgment interest on claims for breach of a promissory note and breach of a guaranty of that note. In this second appeal, one of the judgment debtors (Judgment Debtor) appealed from an order of the superior court directing that Judgment Creditor be substituted for Judgment Debtor as the party to litigate Judgment Debtor’s claims in receivership proceedings. The Supreme Court affirmed, holding that the issue raised on appeal was not properly before the court due to the raise-or-waive rule. View "Tri-Town Construction Co. v. Commerce Park Associates 12, LLC" on Justia Law
Posted in:
Construction Law, Real Estate & Property Law
Hamilton v. Ballard
This case stemmed from litigation beginning in 2000 between feuding neighbors who disputed several issues, including the details of an easement that resulted from a court-mandated land petition. In 2005, the Ballards filed an answer to SVF Foundation’s fifth amended complaint and also counterclaimed, alleging, inter alia, that SVF Foundation was interfering with the Ballards’ easement that ran across SVF’s property. The superior court granted summary judgment to SVF. The Supreme Court vacated the judgment of the superior court, holding that the hearing justice erred when he applied law-of-the-case in his ruling on SVF’s motion for summary judgment. View "Hamilton v. Ballard" on Justia Law
Posted in:
Civil Procedure, Real Estate & Property Law
State v. Perez
After a jury trial, Defendant was convicted of six counts of first-degree sexual assault and three counts of second-degree sexual assault. The Supreme Court vacated count five of the judgment of conviction and affirmed the judgment of the superior court in all other respects, holding (1) the trial court did not err in declining to preclude certain testimony at trial under R.I. R. Evid. 404(b); and (2) although Defendant waived his appellate argument in this regard, the trial justice erred in denying Defendant’s motion for judgment of acquittal on count five of the indictment, and therefore, in the interest of justice and judicial economy, the judgment of conviction on count five is vacated. View "State v. Perez" on Justia Law
Posted in:
Criminal Law
State v. Pittman
Defendant was convicted of second-degree robbery and sentenced to twenty years with sixteen years to serve at the Adult Correctional Institutions and four years suspended with probation. Defendant filed a motion for a new trial. The trial justice denied the motion, finding that “there was more than sufficient evidence” to support the conviction. The Supreme Court affirmed the judgment of the superior court, holding that the trial justice did not overlook or misconceive material evidence in denying Defendant’s motion for a new trial, nor did he commit clear error in denying Defendant’s motion for a new trial. View "State v. Pittman" on Justia Law
Posted in:
Criminal Law
State v. Funches
The Supreme Court affirmed Defendant’s conviction for one count of domestic assault by strangulation and one count of simple assault. The court held that (1) the trial justice did not err in denying Defendant’s motion to pass the case after the prosecutor posed an allegedly prejudicial question to Defendant because the prosecutor’s question was not so inflammatory that the trial justice was unable to expiate the harm; and (2) the trial justice properly denied Defendant’s motion for judgment of acquittal on the grounds that Defendant was twice placed in jeopardy for the same act because Defendant was convicted of only one of the two counts at issue. View "State v. Funches" on Justia Law
Posted in:
Criminal Law
Albert J. Branch Revocable Trust v. Interstate Battery Center
This lawsuit arose from a dispute over an alleged commercial lease agreement between Plaintiffs, owners of certain property, and Defendants, who Plaintiffs claimed breached the terms of the lease. The superior court granted summary judgment in favor of Defendants, finding no genuine issues of material fact. The Supreme Court vacated the judgment of the superior court, holding that genuine issues of material fact existed in connection with two factual issues, and because of the fact-intensive nature of both of these inquiries, the case was not suitable for summary judgment and should, instead, have been resolved after a trial on the merits. View "Albert J. Branch Revocable Trust v. Interstate Battery Center" on Justia Law
Posted in:
Contracts
Plainfield Pike Development, LLC. v. Victor Anthony Properties, Inc.
Plaintiff filed a two-count declaratory judgment action seeking adjudication regarding its use of a roadway over Defendant’s abutting property. The trial justice issued a decision in favor of Plaintiff, concluding that Plaintiff had an easement or right-of-way over this roadway and that its use of the right-of-way was not limited to a specific use. Defendant appealed, arguing that the proposed use of the right-of-way by Plaintiff was an unreasonable extension of the use intended by the parties when the easement was originally created. The Supreme Court affirmed, holding that the trial justice was not clearly wrong when she concluded that there was no restriction on the use of the right-of-way. View "Plainfield Pike Development, LLC. v. Victor Anthony Properties, Inc." on Justia Law
Posted in:
Real Estate & Property Law
Quillen v. Macera
Plaintiff, the grandnephew of the decedent, filed this action against Defendant, the decedent’s sister and the beneficiary of an Amica Insurance Company annuity policy created by the decedent. The complaint alleged forgery, fraud, manipulation, false pretenses, and misrepresentation. The trial court entered judgment in favor of Defendant. The Supreme Court affirmed, holding (1) the trial justice did not misapply the law to the evidence; (2) the trial justice did not overlook or misconceive material evidence pertaining to the beneficiary-change forms; (3) the trial justice did not err in failing to take judicial notice of the findings made by another superior court justice after a hearing on Plaintiff’s request for a preliminary injunction; (4) the was no error on the part of the superior court in refusing to shift the burden of proof to prove absence of mistake; and (5) the trial justice did not err in finding that Defendant was forthright and credible. View "Quillen v. Macera" on Justia Law
Posted in:
Trusts & Estates
Miller v. Wells Fargo Bank, N.A.
After Wells Fargo foreclosed upon Plaintiff’s home, Plaintiff filed an amended complaint against Wells Fargo, asserting six causes of action. The superior court granted Wells Fargo’s motion for judgment as a matter of law on all six counts. The Supreme Court affirmed, holding (1) Plaintiff’s claim that Wells Fargo breached federal guidelines regarding loan modification review and improperly foreclosed on her home while her loan modification request was pending was not properly preserved for appeal; (2) Wells Fargo did not breach the covenant of good faith and fair dealing; and (3) the superior court justice did not err in finding that Plaintiff failed to meet the burden of proof on her claim that her reliance on the federal regulations should not have estopped Wells Fargo from foreclosing on the property. View "Miller v. Wells Fargo Bank, N.A." on Justia Law
Posted in:
Banking, Real Estate & Property Law