second part test (Rhode Island) · Go Syfert
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second part test in Rhode Island

18 Rhode Island opinions name it 2 courts 1984–2014 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 (8)

CaseFollowedCited
Commonwealth v. Krisco Corp.green
mass · 1995 · cited in 2 Rhode Island opinions naming this issue, 2000–2014
2 sentences

2014“Usually, the second part of the test, i.e., whether the asserted expectation of privacy was objectively reasonable, is the most disputed.” Briggs, 756 A.2d at 741 (quoting Commonwealth v. Krisco Corp., 421 Mass. 37 , 653 N.E.2d 579, 582 (1995)).

2014“Usually, the second part of the test, i.e., whether the asserted expectation of privacy was objectively reasonable, is the most disputed.” Briggs, 756 A.2d at 741 (quoting Commonwealth v. Krisco Corp., 421 Mass. 37 , 653 N.E.2d 579, 582 (1995)).

22
State v. Hazardgreen
ri · 2002 · cited in 2 Rhode Island opinions naming this issue, 2002–2004
2 sentences

2004See Hazard, 797 A.2d at 464 ; Brennan, 764 A.2d at 173 .

2002See Hazard, 797 A.2d at 464 ; Brennan, 764 A.2d at 173 .

22
Strickland v. Washingtongreen
scotus · 1984 · cited in 3 Rhode Island opinions naming this issue, 2005–2010
2 sentences

2005Under the second part of the test, “[prejudice exists if there is a reasonable probability that, absent counsel’s deficient performance, the result of the proceeding would have been different.” Id. (citing Strickland, 466 U.S. at 687 , 104 S.Ct. 2052 ).

2005Under the second part of the test, “[prejudice exists if there is a reasonable probability that, absent counsel’s deficient performance, the result of the proceeding would have been different.” Id. (citing Strickland, 466 U.S. at 687 , 104 S.Ct. 2052 ).

13
State v. Casasgreen
ri · 2006 · cited in 1 Rhode Island opinions naming this issue, 2014–2014
1 sentence

2014When deciding whether the expectation of privacy is objectively reasonable, “no single factor invariably will be determinative.” Quinlan, 921 A.2d at 109 (quoting State v. Casas, 900 A.2d 1120, 1129-30 (R.I.2006)); see Rakas, 439 U.S. at 152 , 99 S.Ct. 421 .

11
Rakas v. Illinoisgreen
scotus · 1979 · cited in 1 Rhode Island opinions naming this issue, 2014–2014
2 sentences

2014When deciding whether the expectation of privacy is objectively reasonable, “no single factor invariably will be determinative.” Quinlan, 921 A.2d at 109 (quoting State v. Casas, 900 A.2d 1120, 1129-30 (R.I.2006)); see Rakas, 439 U.S. at 152 , 99 S.Ct. 421 .

2014When deciding whether the expectation of privacy is objectively reasonable, “no single factor invariably will be determinative.” Quinlan, 921 A.2d at 109 (quoting State v. Casas, 900 A.2d 1120, 1129-30 (R.I.2006)); see Rakas, 439 U.S. at 152 , 99 S.Ct. 421 .

11
State v. Parkergreen
ri · 1984 · cited in 1 Rhode Island opinions naming this issue, 2008–2008
1 sentence

2008Assessing whether Melusky’s identification of defendant was independently reliable requires consideration of the totality of the circumstances, and, in particular, “the opportunity of the witness to view the criminal at the time of the crime, the witness’ degree of attention, the accuracy of the witness’ prior description of the criminal, the level of certainty demonstrated by the witness at the confrontation, and the length of time between the crime and the confrontation.” State v. Parker, 472 A.2d 1206, 1209 (R.I.1984) (quoting Biggers, 409 U.S. at 199 , 93 S.Ct. 375 ).

11
State v. Thorntongreen
ri · 2002 · cited in 1 Rhode Island opinions naming this issue, 2006–2006
1 sentence

2006See State v. Thornton, 800 A.2d 1016, 1026-31 (R.I.2002).

11
Roberts v. Willsgreen
ri · 1971 · cited in 1 Rhode Island opinions naming this issue, 1984–1984
2 sentences

1984Roberts v. Wills, 108 R.I. 586, 588 , 277 A.2d 754, 757 (1971); Barbato v. Epstein, 97 R.I. at 193 , 196 A.2d at 837 .

1984Roberts v. Wills, 108 R.I. 586, 588 , 277 A.2d 754, 757 (1971); Barbato v. Epstein, 97 R.I. at 193 , 196 A.2d at 837 .

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 (11)

CaseCitedYears
DiPetrillo v. Dow Chemical Co. green
ri · 1999
2 sentences

2007In addressing the second part of the inquiry, the trial justice evaluates "the relevance of the proffered testimony in assisting the trier of fact to understand the evidence or to determine a fact in evidence." DiPetrillo , 729 A.2d at 689 .

2006In addressing the second part of the inquiry, the trial justice evaluates "the relevance of the proffered testimony in assisting the trier of fact to understand the evidence or to determine a fact in evidence." DiPetrillo, 729 A.2d at 689 .

32005–2007
State v. Brown green
ri · 1987
2 sentences

1999Id.

1995Id.

31988–1999
In Re MacKenzie C. green
ri · 2005
2 sentences

2007To be admissible, the expert opinion must be "sufficiently tied to the facts of the case [such] that it will aid the [fact-finder] in resolving a factual dispute." In re Mackenzie C. , 877 A.2d at 684 (quoting Owens , 838 A.2d at 891 n. 3).

2006To be admissible, the expert opinion must be "sufficiently tied to the facts of the case that it will aid the [fact-finder] in resolving a factual dispute." In re Mackenzie, 877 A.2d at 684 (quoting Owens, 838 A.2d at 891 n. 3).

22006–2007
Owens v. Silvia green
ri · 2003
2 sentences

2007To be admissible, the expert opinion must be "sufficiently tied to the facts of the case [such] that it will aid the [fact-finder] in resolving a factual dispute." In re Mackenzie C. , 877 A.2d at 684 (quoting Owens , 838 A.2d at 891 n. 3).

2006To be admissible, the expert opinion must be "sufficiently tied to the facts of the case that it will aid the [fact-finder] in resolving a factual dispute." In re Mackenzie, 877 A.2d at 684 (quoting Owens, 838 A.2d at 891 n. 3).

22006–2007
Brennan v. Vose green
ri · 2001
2 sentences

2004See Hazard, 797 A.2d at 464 ; Brennan, 764 A.2d at 173 .

2002See Hazard, 797 A.2d at 464 ; Brennan, 764 A.2d at 173 .

22002–2004
State v. Quinlan green
ri · 2007
1 sentence

2014When deciding whether the expectation of privacy is objectively reasonable, “no single factor invariably will be determinative.” Quinlan, 921 A.2d at 109 (quoting State v. Casas, 900 A.2d 1120, 1129-30 (R.I.2006)); see Rakas, 439 U.S. at 152 , 99 S.Ct. 421 .

12014–2014
State v. Briggs green
ri · 2000
1 sentence

2014“Usually, the second part of the test, i.e., whether the asserted expectation of privacy was objectively reasonable, is the most disputed.” Briggs, 756 A.2d at 741 (quoting Commonwealth v. Krisco Corp., 421 Mass. 37 , 653 N.E.2d 579, 582 (1995)).

12014–2014
Neil v. Biggers green
scotus · 1972
2 sentences

2008Assessing whether Melusky’s identification of defendant was independently reliable requires consideration of the totality of the circumstances, and, in particular, “the opportunity of the witness to view the criminal at the time of the crime, the witness’ degree of attention, the accuracy of the witness’ prior description of the criminal, the level of certainty demonstrated by the witness at the confrontation, and the length of time between the crime and the confrontation.” State v. Parker, 472 A.2d 1206, 1209 (R.I.1984) (quoting Biggers, 409 U.S. at 199 , 93 S.Ct. 375 ).

2008Assessing whether Melusky’s identification of defendant was independently reliable requires consideration of the totality of the circumstances, and, in particular, “the opportunity of the witness to view the criminal at the time of the crime, the witness’ degree of attention, the accuracy of the witness’ prior description of the criminal, the level of certainty demonstrated by the witness at the confrontation, and the length of time between the crime and the confrontation.” State v. Parker, 472 A.2d 1206, 1209 (R.I.1984) (quoting Biggers, 409 U.S. at 199 , 93 S.Ct. 375 ).

12008–2008
Bleau v. Wall green
ri · 2002
2 sentences

2005Bleau v. Wall, 808 A.2d 637 , 642 (R.I. 2002) The standard consists of a two-part test. `The first part is a four-prong inquiry that requires that the evidence be (1) newly discovered since trial, (2) not discoverable prior to trial with the exercise of due diligence, (3) not merely cumulative or impeaching but rather material to the issue upon which it is admissible, [and] (4) of the type that would probably change the verdict at trial.' [citations omitted] For the second part of the inquiry, the hearing justice must exercise his or her discretion and determine whether the newly discovered ev

2005Bleau v. Wall, 808 A.2d 637 , 642 (R.I. 2002) The standard consists of a two-part test. `The first part is a four-prong inquiry that requires that the evidence be (1) newly discovered since trial, (2) not discoverable prior to trial with the exercise of due diligence, (3) not merely cumulative or impeaching but rather material to the issue upon which it is admissible, [and] (4) of the type that would probably change the verdict at trial.' [citations omitted] For the second part of the inquiry, the hearing justice must exercise his or her discretion and determine whether the newly discovered ev

12005–2005
Bourque v. Dettore green
ri · 1991
1 sentence

1992In the second part of our analysis of the constitutionality of the legislative delegation in § 39-1-30, “we examine the specificity of the functions delegated, the standards accompanying the delegation, and the safeguards against administrative abuse.” Bourque, 589 A.2d at 818 .

11992–1992
Barbato v. Epstein green
ri · 1964
2 sentences

1984Roberts v. Wills, 108 R.I. 586, 588 , 277 A.2d 754, 757 (1971); Barbato v. Epstein, 97 R.I. at 193 , 196 A.2d at 837 .

1984Roberts v. Wills, 108 R.I. 586, 588 , 277 A.2d 754, 757 (1971); Barbato v. Epstein, 97 R.I. at 193 , 196 A.2d at 837 .

11984–1984

Where else courts name it

PA 597 (1944–2026) TX 178 (1954–2026) IL 85 (1937–2026) CA 81 (1947–2026) OH 76 (1983–2026) WA 59 (1929–2026) NM 50 (1977–2025) GA 48 (1981–2026) FL 39 (1969–2024) WI 39 (1984–2026) IN 38 (1985–2025) UT 38 (1989–2026) NJ 35 (1988–2025) CT 32 (1965–2024) MA 30 (1975–2024) OR 29 (1978–2022) KS 28 (1997–2025) NY 28 (1985–2023) MI 28 (1968–2022) MS 24 (1969–2023) MN 21 (1986–2024) IA 21 (1984–2025) TN 20 (1914–2026) NC 20 (1988–2020) MT 20 (1960–2016) NH 19 (1973–2024) RI 18 (1984–2014) MD 17 (1988–2025) MO 17 (1934–2023) ID 15 (1975–2025) SD 14 (1975–2015) LA 14 (1941–2023) VA 13 (1972–2025) ME 13 (1987–2021) CO 13 (1973–2026) DC 11 (1982–2024) WY 10 (1988–2018) AL 9 (1976–2016) AZ 9 (1985–2004) WV 8 (1929–2024) HI 8 (1998–2020) AR 8 (1991–2015) KY 6 (1999–2025) ND 6 (1999–2015) VT 6 (1987–2026) NE 6 (1996–2019) DE 6 (1997–2026) OK 5 (1992–2025) AK 5 (1994–2020) NV 5 (1994–2025) SC 4 (2006–2022)

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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