State argues hearing (Rhode Island) · Go Syfert
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State argues hearing in Rhode Island

5 Rhode Island opinions name it 1 courts 1988–2026 1 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 (7)

CaseFollowedCited
Rodrigues v. Stategreen
ri · 2009 · cited in 1 Rhode Island opinions naming this issue, 2013–2013
1 sentence

2013This Court consistently has held that “ ‘statutes and their amendments are applied prospectively,’ absent ‘clear, strong language, or by necessary implication that the Legislature intended a statute to have retroactive application * * Rodrigues v. State, 985 A.2d 311, 318 (R.I.2009) (quoting Ducally v. State, 809 A.2d 472, 474 (R.I.2002)).

11
Ducally v. Stategreen
ri · 2002 · cited in 1 Rhode Island opinions naming this issue, 2013–2013
1 sentence

2013This Court consistently has held that “ ‘statutes and their amendments are applied prospectively,’ absent ‘clear, strong language, or by necessary implication that the Legislature intended a statute to have retroactive application * * Rodrigues v. State, 985 A.2d 311, 318 (R.I.2009) (quoting Ducally v. State, 809 A.2d 472, 474 (R.I.2002)).

11
State v. One 1990 Chevrolet Corvettegreen
ri · 1997 · cited in 1 Rhode Island opinions naming this issue, 2007–2007
1 sentence

2007The Fifth Amendment to the United States Constitution and article 1, section 7, of the Rhode Island Constitution, both say that no person shall “be subject for the same offense to be twice put in jeopardy.” The double jeopardy clauses act as safeguards to protect against: “ ‘[1] a second prosecution for the same offense after acquittal; [2] a second prosecution for the same offense after conviction; and [3] multiple punishments for the same offense.’ ” State v. Ciolli, 725 A.2d 268, 270 (R.I.1999) (quoting State v. One 1990 Chevrolet Corvette, 695 A.2d 502, 505 (R.I.1997)).

11
State v. Ciolligreen
ri · 1999 · cited in 1 Rhode Island opinions naming this issue, 2007–2007
1 sentence

2007The Fifth Amendment to the United States Constitution and article 1, section 7, of the Rhode Island Constitution, both say that no person shall “be subject for the same offense to be twice put in jeopardy.” The double jeopardy clauses act as safeguards to protect against: “ ‘[1] a second prosecution for the same offense after acquittal; [2] a second prosecution for the same offense after conviction; and [3] multiple punishments for the same offense.’ ” State v. Ciolli, 725 A.2d 268, 270 (R.I.1999) (quoting State v. One 1990 Chevrolet Corvette, 695 A.2d 502, 505 (R.I.1997)).

11
Young v. Stategreen
ri · 2005 · cited in 1 Rhode Island opinions naming this issue, 2005–2005
1 sentence

2005Second, the state maintains that Evans’s videotaped recantation was inadmissible hearsay and, therefore, the hearing justice abused his discretion by allowing the recantation as substantive evidence. 1 The Credibility of Evans’s Recantation “This Court will not disturb a trial justice’s factual findings made on an application for post-conviction relief absent clear error or a showing that the trial justice overlooked or misconceived material evidence in arriving at those findings.” Young v. State, 877 A.2d 625, 628 (R.I.2005) (quoting Bustamante v. Wall, 866 A.2d 516, 522 (R.I.2005)); see also

11
Bustamante v. Wallgreen
ri · 2005 · cited in 1 Rhode Island opinions naming this issue, 2005–2005
1 sentence

2005Second, the state maintains that Evans’s videotaped recantation was inadmissible hearsay and, therefore, the hearing justice abused his discretion by allowing the recantation as substantive evidence. 1 The Credibility of Evans’s Recantation “This Court will not disturb a trial justice’s factual findings made on an application for post-conviction relief absent clear error or a showing that the trial justice overlooked or misconceived material evidence in arriving at those findings.” Young v. State, 877 A.2d 625, 628 (R.I.2005) (quoting Bustamante v. Wall, 866 A.2d 516, 522 (R.I.2005)); see also

11
Hampton v. Stategreen
ri · 2001 · cited in 1 Rhode Island opinions naming this issue, 2005–2005
1 sentence

2005Second, the state maintains that Evans’s videotaped recantation was inadmissible hearsay and, therefore, the hearing justice abused his discretion by allowing the recantation as substantive evidence. 1 The Credibility of Evans’s Recantation “This Court will not disturb a trial justice’s factual findings made on an application for post-conviction relief absent clear error or a showing that the trial justice overlooked or misconceived material evidence in arriving at those findings.” Young v. State, 877 A.2d 625, 628 (R.I.2005) (quoting Bustamante v. Wall, 866 A.2d 516, 522 (R.I.2005)); see also

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 (2)

CaseCitedYears
State v. Terrel Barros green
ri · 2016
1 sentence

2026Facts and Procedural History We glean the underlying facts in this case from State v. Barros, 148 A.3d 168 (R.I. 2016), in which this Court affirmed Mr. Barros’s conviction for first-degree murder, a number of firearm charges, and felony assault; facts from the postconviction-relief proceedings are taken from the hearing justice’s decision and the record of those proceedings.

12026–2026
State v. DeCiantis green
ri · 1985
1 sentence

1988In support of this contention, the state cites State v. DeCiantis, supra, claiming that defendant merely provided the trial justice with the bare bones of the alleged error by simply referring to the omitted requests by number.

11988–1988

Where else courts name it

IL 108 (1966–2026) TX 57 (1978–2025) WA 38 (1949–2026) FL 38 (1983–2026) OH 36 (1968–2023) CT 35 (1975–2026) OR 33 (1981–2026) IN 20 (1973–2019) MS 18 (1965–2018) IA 16 (1975–2026) WI 16 (1983–2026) NM 16 (1985–2021) AZ 15 (1980–2024) KS 15 (1987–2026) GA 14 (1979–2016) UT 14 (1989–2018) TN 13 (1966–2025) MO 12 (1931–2023) AL 11 (1986–2017) MN 11 (1979–2019) NC 11 (1978–2019) NE 11 (1976–2026) MT 10 (1991–2025) WV 9 (1981–2023) MD 8 (1993–2021) ID 8 (2006–2022) NJ 8 (2015–2026) LA 8 (1984–2025) NY 6 (1958–2025) RI 5 (1988–2026) NV 5 (1974–2017) AR 4 (1988–2009) DE 4 (2016–2022) SC 4 (1978–2023) AK 4 (1986–2022) NH 4 (1994–2025) CA 3 (1965–2015) WY 3 (2000–2013) VT 3 (2011–2026) OK 3 (1993–1997) ND 2 (2020–2022) SD 2 (1979–2010)

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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