In French law. The release of a debt
Supreme Court of Rhode Island Court Cases
These consolidated cases came before the Supreme Court on the appeal of the plaintiffs, Accent Store Design, Inc. (Accent) and Columbus Door Company (Columbus), from a summary judgment entered in the Superior Court for the defendants, Marathon House, Inc. (Marathon) and Scott Wolf, in his official capacity as the Director of the Rhode Island Governor's Office of Housing, Energy and Intergovernmental Relations (GOHEIR). At issue in the appeal is whether a subcontractor has a cause of action [...]
Court: Supreme Court of Rhode Island Docket: 94-330-Appeal, 94-464-Appeal
State v. Bido (2008)In May 2006, a jury convicted the defendant, Nelson Bido, of aiding and abetting the murder of Jorge Confessor and conspiracy to commit robbery. Mr. Confessor was shot in the back in the parking lot of Citizens Bank on Cranston Street in Providence on April 15, 1991. On appeal, Mr. Bido argues that the convictions must be reversed and either the indictment dismissed or he be given a new trial. Specifically, he contends the trial justice erred in four crucial respects by denying: (1) his pro se [...]
Court: Supreme Court of Rhode Island Docket: 2007-26-C.A
The plaintiff, Edward F. Grady, III, appeals from a Superior Court judgment in favor of the defendant, The Narragansett Electric Company, with respect to a declaratory judgment action concerning that company's claimed easement over the plaintiff's property located in North Kingstown. The trial justice denied the plaintiff's request for declaratory relief; he determined that the plaintiff's development plans for the property would unreasonably interfere with the defendant's easement rights. [...]
Court: Supreme Court of Rhode Island Docket: 2007-329-Appeal
After their relative was killed in a motor vehicle accident on West Shore Road, the plaintiffs, James C. Lynch, Jr. and Patricia Lynch (collectively plaintiffs), co-administrators of the estate of Kevin Lynch (Lynch or decedent), filed the present action against the defendants, Spirit Rent-A-Car, Inc. (Spirit), and Alamo Rent-A-Car, LLC (Alamo) (collectively defendants), and alleged that the defendants failed to pay claims for uninsured motorist (UM) coverage. The trial justice granted the [...]
Court: Supreme Court of Rhode Island Docket: 2007-247-Appeal
This is a government-employment dispute involving a whole passel of claims and counterclaims between a classified "full status" state employee and the state governmental entities and individuals that either employed him or supervised his work at the state's crime laboratory. Both sides have appealed from the Superior Court judgments that disposed of the parties' respective claims.
Court: Supreme Court of Rhode Island Docket: 2000-410-Appeal
State v. Day (2007)On June 10, 2004, a jury found the defendant, Kenneth Day, guilty of the following felonies: conspiracy to commit robbery, conspiracy to commit carjacking, conspiracy to commit murder, two counts of first-degree robbery, two counts of carjacking resulting in death, and two counts of murder. Thereafter, on August 16, 2004, he received three ten-year sentences on the three conspiracy counts to be served concurrently, two ten-year sentences on the robbery charges to be served consecutively to [...]
Court: Supreme Court of Rhode Island Docket: 2005-81-C.A
State v. Clark (2009)
Justice bows to no man (or woman). The defendant, Jeffrey Clark (Clark or defendant), was an off-duty police officer with the Rhode Island State Police who, a jury concluded, viciously assaulted a defenseless prisoner. This case came before the Supreme Court on March 4, 2009, on the defendant's appeal from a Superior Court judgment of conviction on charges of felony assault, simple assault, and filing a false report of a crime.
Court: Supreme Court of Rhode Island Docket: 2007-6-C.A
State v. Lynch (2004)
The defendant, Raymond Lynch, appeals from Superior Court jury convictions of three counts of first-degree sexual assault and two counts of second-degree sexual assault. The victim of all five assaults was his developmentally impaired daughter Mary. He alleges that the trial court committed thirteen distinct errors that warrant reversal of some or all the convictions, and that the trial justice abused his discretion by denying the defendant's motion for a new trial.
Court: Supreme Court of Rhode Island Docket: 1999-327-C.A
Wilkinson v. Vesey (1972)These are medical malpractice actions brought by a husband and wife against the defendant physicians each of whom has specialized in the field of diagnostic and therapeutic radiology. The wife is the victim of the alleged malpractice. The husband has sued for consequential damages. A jury trial was held in the Superior Court. At the end of eight days of testimony, the plaintiffs concluded their case. At that juncture, the trial justice first refused them permission to amend their complaints [...]
Court: Supreme Court of Rhode Island Docket: 1479-Appeal to 1482-Appeal
State v. Imbruglia (2007)
On July 28, 2004, a jury found the defendant, Dean A. Imbruglia, guilty of first-degree robbery in connection with an incident that occurred on April 26, 2003. On October 25, 2004, the defendant received a sentence of twenty-five years imprisonment, with twelve years to serve followed by a thirteen-year suspended sentence with thirteen years probation.
Court: Supreme Court of Rhode Island Docket: 2005-129-C.A
State v. Texieira (2008)
On February 16, 2006, a jury found the defendant, Manuel Texieira, guilty of the first-degree murder of one Edgar Ortega. On June 20 of that year, he was sentenced to the mandatory term of life imprisonment.
Court: Supreme Court of Rhode Island Docket: 2006-267-C.A
State v. Banach (1994)
This case came before the Supreme Court on the appeal of the defendant, Stanley Banach, from judgments of convictions entered in the Superior Court of second-degree murder and of carrying an unlicensed pistol. The defendant contended on appeal that the trial justice erroneously denied his motion for a new trial. After considering the defendant's arguments, we deny his appeal and affirm the judgment of the Superior Court.
Court: Supreme Court of Rhode Island Docket: 93-598-C.A
State v. Merida (2008)On May 9, 2006, a jury found the defendant, Javier Merida, guilty of the following felonies: one count of second-degree child molestation in violation of G.L.1956 § 11-37-8.3 and two counts of first-degree child molestation in violation of § 11-37-8.1. Thereafter, on July 7, 2006, he received one thirty-year sentence on the second-degree child molestation count and two forty-year sentences on the two first-degree child molestation counts, all to be served concurrently. The court further [...]
Court: Supreme Court of Rhode Island Docket: 2006-317-C.A
This case came before the Supreme Court for oral argument on May 14, 2008, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After considering the record, the memoranda submitted by the parties, and the oral arguments of counsel, we are of the opinion that cause has not been shown and that the case should be decided at this time.
Court: Supreme Court of Rhode Island Docket: 2007-100-Appeal
State v. Hallenbeck (2005)The defendant, Mark A. Hallenbeck, appeals from a conviction of manslaughter for the stabbing death of Glenn Petersen at the Warwick Mall in the early morning of May 30, 2001. Indicted for murder under G.L. 1956 §§ 11-23-1 and 11-23-2, the defendant was tried before a jury in October 2002. After eight days of testimony and more than two days of deliberations, the jury acquitted the defendant of murder, but returned a guilty verdict on the lesser-included offense of manslaughter. The trial [...]
Court: Supreme Court of Rhode Island Docket: 2003-340-C.A
Sullivan v. Chafee (1997)The plaintiffs, four current members and one former member of the nine-person Warwick City Council (the council), appeal from a Superior Court declaratory judgment concerning a dispute involving the city's municipal budget for the fiscal year that ended on June 30, 1997 (FY 1997). The Superior Court's judgment rejected the plaintiffs' proposed interpretation of various budgetary provisions contained in the Warwick City Charter (the charter) and adopted an interpretation favored by the [...]
Court: Supreme Court of Rhode Island Docket: 97-156-Appeal
Rotelli v. Catanzaro (1996)This case illustrates the problems that can arise when documents executed in the course of a single transaction are discordant. A promissory note and a disbursement agreement, both signed in conjunction with the sale of a partnership, reflected conflicting understandings of when the promissory note became payable. The trial justice granted summary judgment to the plaintiff, Peter J. Rotelli, and the defendant, Robert S. Catanzaro, appealed to this Court. Because we conclude that the two [...]
Court: Supreme Court of Rhode Island Docket: 94-697-Appeal
State v. Breen (2001)
The decisive issues in this case are whether the defendant, Cornelius Breen, should have been acquitted of stalking because the evidence was insufficient to trigger Rhode Island's stalking statute, and whether the fact and details of the defendant's prior conviction of stalking the same person were admissible to establish an element of the offense charged.
Court: Supreme Court of Rhode Island Docket: 98-41-C.A
The issue presented in this appeal is one of first impression for this Court and requires us to interpret G.L.1956 § 45-24-53 of the Rhode Island Zoning Enabling Act of 1991, which deals with the notice and hearing requirements for the adoption, repeal, and amendment of zoning ordinances. In essence, we are asked to decide whether the defendants, the Town of North Providence (North Providence or town) and its representatives, complied with § 45-24-53 when they amended the town's zoning [...]
Court: Supreme Court of Rhode Island Docket: 2009-165-Appeal
State v. Gomez (2004)
This maxim of venerable wisdom is no less true today than it was during the Chou Dynasty of ancient China. It is a lesson that the defendant Marcelino Collazo Gomez (Gomez or defendant), a young gang member who lived by the code "a bullet for a bullet," will have a lifetime to reflect upon at the Adult Correctional Institutions (ACI). Sadly, the first grave belongs to Jason Gonzalez (Gonzalez), a member of a rival gang.
Court: Supreme Court of Rhode Island Docket: 2002-274-C.A