lesser included instruction (Rhode Island) · Go Syfert
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lesser included instruction in Rhode Island

5 Rhode Island opinions name it 2 courts 1999–2020 0 in the last five years

The cases below were cited by Rhode Island courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
Manchester v. Pereiragreen
ri · 2007 · cited in 2 Rhode Island opinions naming this issue, 2010–2011
2 sentences

2011See Manchester v. Pereira , 926 A.2d 1005 , 1012 (R.I. 2007).

2010Kan. 2000)); see also Manchester v. Pereira , 926 A.2d 1005 , 1012 (R.I. 2007) (citing Mallette v. Children's Friend and Service , 661 A.2d 67 , 69 (R.I. 1995)).

22
State v. Brezinskigreen
ri · 1999 · cited in 1 Rhode Island opinions naming this issue, 2020–2020
1 sentence

2020See State v. Brezinski, 731 A.2d 711, 714-15 (R.I. 1999) (holding that the defendant had waived the issue of whether the trial justice erred by refusing to instruct the jury on a lesser-included offense where counsel for the defendant failed to make a timely and specific objection—in accordance with Rule 30 of the Superior Court Rules of Criminal Procedure—when the trial justice did not give a lesser-included instruction to the jury); see also Super. R.

11
Carmella Bucci v. Hurd Buick Pontiac GMC Truck, LLCgreen
ri · 2014 · cited in 1 Rhode Island opinions naming this issue, 2016–2016
1 sentence

2016We have held that this Court ”consider[s] an issue to be waived when a party '[s]imply stat[es] an issue for appellate review, without a mean- ■ ingful discussion thereof or legal briefing of the issues * 1,1 ” Bucci v. Hurd Buick Pontiac GMC Truck, LLC, 85 A.3d 1160, 1170 (R.I.2014) (quoting State v. Chase, 9 A.3d 1248, 1256 (R.I.2010)).

11
State v. Chasegreen
ri · 2010 · cited in 1 Rhode Island opinions naming this issue, 2016–2016
1 sentence

2016We have held that this Court ”consider[s] an issue to be waived when a party '[s]imply stat[es] an issue for appellate review, without a mean- ■ ingful discussion thereof or legal briefing of the issues * 1,1 ” Bucci v. Hurd Buick Pontiac GMC Truck, LLC, 85 A.3d 1160, 1170 (R.I.2014) (quoting State v. Chase, 9 A.3d 1248, 1256 (R.I.2010)).

11
Mallette v. Children's Friend and Servicegreen
ri · 1995 · cited in 1 Rhode Island opinions naming this issue, 2010–2010
1 sentence

2010Kan. 2000)); see also Manchester v. Pereira , 926 A.2d 1005 , 1012 (R.I. 2007) (citing Mallette v. Children's Friend and Service , 661 A.2d 67 , 69 (R.I. 1995)).

11
State v. Figueroagreen
ri · 1996 · cited in 1 Rhode Island opinions naming this issue, 1999–1999
2 sentences

1999An examination of the transcript reveals that defense counsel objected only to the failure to give a lesser included instruction concerning the sexual assault charge. 1 *715 This Court has recognized an exception to the raise-or-waive rule in cases in which counsel’s failure to raise an issue of basic constitutional rights at trial was “due to the fact that the issue is based upon a novel rule of law of which counsel could not reasonably have known at the time of trial.” State v. Figueroa, 673 A.2d 1084, 1092 (R.I.1996).

1999An examination of the transcript reveals that defense counsel objected only to the failure to give a lesser included instruction concerning the sexual assault charge. 1 *715 This Court has recognized an exception to the raise-or-waive rule in cases in which counsel’s failure to raise an issue of basic constitutional rights at trial was “due to the fact that the issue is based upon a novel rule of law of which counsel could not reasonably have known at the time of trial.” State v. Figueroa, 673 A.2d 1084, 1092 (R.I.1996).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway.

Also cited on this issue (1)

CaseCitedYears
Fleming Companies, Inc. v. GAB Business Services, Inc. neutral
ksd · 2000
1 sentence

2010On the other hand, negligent misrepresentation, a lesser included claim of fraudulent misrepresentation, "differs from fraudulent misrepresentation only in that, while the latter requires knowledge that the pertinent statement was false, the former merely requires that the person who made the statement failed to exercise reasonable care or competence to obtain or communicate true information." Am Jur Fraud § 128 (citing Fleming Companies, Inc. v. GAB Business Services, Inc. , 103 F. Supp. 2d 1271 (D.

12010–2010

Where else courts name it

TX 149 (1997–2026) WA 108 (1986–2026) KS 70 (1980–2026) CA 68 (1968–2026) AZ 50 (1981–2025) MO 50 (1989–2025) MS 42 (1989–2025) IL 41 (1978–2026) NM 31 (1993–2025) MI 26 (2002–2026) IN 24 (1984–2025) WI 24 (1986–2025) OH 24 (1988–2022) AR 21 (1981–2026) KY 21 (1982–2026) OK 20 (1988–2023) NC 19 (1994–2026) MA 18 (1997–2025) TN 16 (2002–2026) FL 16 (1987–2020) DC 16 (1984–2017) OR 13 (1978–2021) UT 12 (1986–2021) AK 9 (1979–2016) CO 8 (2000–2026) AL 8 (1989–2025) MT 8 (1994–2025) MN 7 (2003–2026) WV 6 (2013–2026) SD 6 (1993–2025) NE 5 (2001–2025) RI 5 (1999–2020) WY 4 (1992–2017) HI 4 (1997–2014) VT 3 (2010–2025) GA 3 (2015–2025) VA 3 (1995–2013) NV 3 (2006–2017) DE 2 (1995–2022) NY 2 (2002–2008) NH 2 (1975–2020) NJ 2 (2009–2022) ID 2 (1993–2011) IA 2 (2023–2024) CT 2 (1995–1999)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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