adjudication hearing (Rhode Island) · Go Syfert
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adjudication hearing in Rhode Island

11 Rhode Island opinions name it 2 courts 1994–2020 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 (11)

CaseFollowedCited
In Re Lamarinegreen
ri · 1987 · cited in 2 Rhode Island opinions naming this issue, 1995–1995
2 sentences

1995As such, he asserts that the only remedy for a transgression of § 12-19-9 is to vacate the adjudication of violation below. 3 It is well established that “a probation-revocation hearing is not part of the criminal-prosecution process and thus is not entitled to the full panoply of due-process rights.” In re Lamarine, 527 A.2d 1133, 1135 (R.I.1987); See State v. Desrosiers, 559 A.2d 641, 643 (R.I.1989) (“process due for probation-revocation hearings is less formal than the full panoply of rights afforded at a criminal trial”); Superior Court Rule of Criminal Procedure 32(f).

1995However, it was abundantly clear that the non-hearsay evidence presented at the adjudication hearing was clearly sufficient to “establish the violation by reasonably satisfactory evidence.” State v. Olsen, 610 A.2d 1099, 1103 (R.I.1992); In re Lamarine, 527 A.2d 1133, 1135 (R.I.1987).

22
Serpa v. Amaralgreen
ri · 1994 · cited in 2 Rhode Island opinions naming this issue, 2003–2020
2 sentences

2020As such, and given the Diorios’ failure to name the town treasurer, those four counts are amenable to abatement and dismissal by the trial justice. 11 See id. at 633 (“When an action, filed within the statute-of-limitations period, is considered prematurely brought for failure to comply with the presentment provisions of § 45-15-5, summary judgment is inappropriate because it is a final adjudication of the claim[;] [u]nder these circumstances, the complaint is subject to abatement or dismissal, not final judgment.”); see also Serpa v. Amaral, 635 A.2d 1196, 1199 (R.I. 1994). 12 11 That being s

2003Serpa, 635 A.2d at 1199 .

12
State v. Olsengreen
ri · 1992 · cited in 2 Rhode Island opinions naming this issue, 1995–1995
2 sentences

1995This court has affirmed an adjudication of violation of probation when “it was abundantly clear that the nonhearsay evidence presented at the adjudication hearing was clearly sufficient to ‘establish the violation by reasonably satisfactory evidence.’ ” Tatro, 659 A.2d at 113 (quoting Olsen, 610 A.2d at 1103 ).

1995However, it was abundantly clear that the non-hearsay evidence presented at the adjudication hearing was clearly sufficient to “establish the violation by reasonably satisfactory evidence.” State v. Olsen, 610 A.2d 1099, 1103 (R.I.1992); In re Lamarine, 527 A.2d 1133, 1135 (R.I.1987).

12
United Lending Corp. v. City of Providencegreen
ri · 2003 · cited in 1 Rhode Island opinions naming this issue, 2020–2020
1 sentence

2020This Court has stated that “in general, equitable actions do not fall within the purview of § 45-15-5.” United Lending Corp. v. City of Providence, 827 A.2d 626, 632 (R.I. 2003); see Town of Johnston v. Ryan, 485 A.2d 1248, 1250 (R.I. 1984); Lonsdale Co. v. Woonsocket, 25 R.I. 428, 443 , 56 A. 448, 454 (1903).

11
Town of Johnston v. Ryangreen
ri · 1984 · cited in 1 Rhode Island opinions naming this issue, 2020–2020
1 sentence

2020This Court has stated that “in general, equitable actions do not fall within the purview of § 45-15-5.” United Lending Corp. v. City of Providence, 827 A.2d 626, 632 (R.I. 2003); see Town of Johnston v. Ryan, 485 A.2d 1248, 1250 (R.I. 1984); Lonsdale Co. v. Woonsocket, 25 R.I. 428, 443 , 56 A. 448, 454 (1903).

11
Lonsdale Co. v. City of Woonsocketgreen
ri · 1903 · cited in 1 Rhode Island opinions naming this issue, 2020–2020
2 sentences

2020This Court has stated that “in general, equitable actions do not fall within the purview of § 45-15-5.” United Lending Corp. v. City of Providence, 827 A.2d 626, 632 (R.I. 2003); see Town of Johnston v. Ryan, 485 A.2d 1248, 1250 (R.I. 1984); Lonsdale Co. v. Woonsocket, 25 R.I. 428, 443 , 56 A. 448, 454 (1903).

2020This Court has stated that “in general, equitable actions do not fall within the purview of § 45-15-5.” United Lending Corp. v. City of Providence, 827 A.2d 626, 632 (R.I. 2003); see Town of Johnston v. Ryan, 485 A.2d 1248, 1250 (R.I. 1984); Lonsdale Co. v. Woonsocket, 25 R.I. 428, 443 , 56 A. 448, 454 (1903).

11
State v. Penagreen
ri · 2002 · cited in 1 Rhode Island opinions naming this issue, 2012–2012
1 sentence

2012“In reviewing an adjudication of violation of probation, only reasonably satisfactory evidence is required, not proof beyond a reasonable doubt as is required in a criminal trial.” State v. Pena, 791 A.2d 484, 485 (R.I.2002) (mem.).

11
State v. Kennedygreen
ri · 1997 · cited in 1 Rhode Island opinions naming this issue, 2002–2002
1 sentence

2002State v. Kennedy, 702 A.2d 28, 31 (R.I.1997).

11
State v. Goddugreen
ri · 1994 · cited in 1 Rhode Island opinions naming this issue, 1995–1995
1 sentence

1995State v. Goddu, 639 A.2d 62, 63 (R.I.1994) (Per Curiam).

11
State v. Desrosiersgreen
ri · 1989 · cited in 1 Rhode Island opinions naming this issue, 1995–1995
1 sentence

1995As such, he asserts that the only remedy for a transgression of § 12-19-9 is to vacate the adjudication of violation below. 3 It is well established that “a probation-revocation hearing is not part of the criminal-prosecution process and thus is not entitled to the full panoply of due-process rights.” In re Lamarine, 527 A.2d 1133, 1135 (R.I.1987); See State v. Desrosiers, 559 A.2d 641, 643 (R.I.1989) (“process due for probation-revocation hearings is less formal than the full panoply of rights afforded at a criminal trial”); Superior Court Rule of Criminal Procedure 32(f).

11
State v. Bourdeaugreen
ri · 1982 · cited in 1 Rhode Island opinions naming this issue, 1994–1994
1 sentence

1994State v. Bourdeau, 448 A.2d 1247, 1249 (R.I.1982).

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 (5)

CaseCitedYears
Vito v. Department of Environmental Management green
ri · 1991
1 sentence

2000The commission contends absent a statutory requirement, the commission must act to adjudicate a matter within a time frame that is "reasonable and or does not unfairly prejudice substantial rights of the appellant." Vito v. Department of Environmental Management , 589 A.2d 809 , 813 (R.I. 1991).

12000–2000
State v. Koliscz green
ri · 1993
1 sentence

1995These decisions only require the trial justice to first determine there was good cause for denying “confrontation and/or cross-examination” on issues “central to the determination of the commission of the violation * * * .” Koliscz, 623 A.2d at 452 -53 (quoting DeRoche, 120 R.I. at 533 , 389 A.2d at 1234 ).

11995–1995
State v. Tatro green
ri · 1995
2 sentences

1995This court has affirmed an adjudication of violation of probation when “it was abundantly clear that the nonhearsay evidence presented at the adjudication hearing was clearly sufficient to ‘establish the violation by reasonably satisfactory evidence.’ ” Tatro, 659 A.2d at 113 (quoting Olsen, 610 A.2d at 1103 ).

1995This court has affirmed an adjudication of violation of probation when “it was abundantly clear that the nonhearsay evidence presented at the adjudication hearing was clearly sufficient to ‘establish the violation by reasonably satisfactory evidence.’ ” Tatro, 659 A.2d at 113 (quoting Olsen, 610 A.2d at 1103 ).

11995–1995
State v. DeRoche green
ri · 1978
2 sentences

1995These decisions only require the trial justice to first determine there was good cause for denying “confrontation and/or cross-examination” on issues “central to the determination of the commission of the violation * * * .” Koliscz, 623 A.2d at 452 -53 (quoting DeRoche, 120 R.I. at 533 , 389 A.2d at 1234 ).

1995These decisions only require the trial justice to first determine there was good cause for denying “confrontation and/or cross-examination” on issues “central to the determination of the commission of the violation * * * .” Koliscz, 623 A.2d at 452 -53 (quoting DeRoche, 120 R.I. at 533 , 389 A.2d at 1234 ).

11995–1995
Bernard v. Alexander green
ri · 1992
1 sentence

1994In Bernard, v. Alexander, 605 A.2d 484 (R.I.1992), we said that failure to comply with the forty day notice statute would make the action subject to abatement or to dismissal as prematurely brought rather than dismissal on the merits.

11994–1994

Statutes the citing opinions construe

RI § R.I. Gen. Laws § 45-15-5 (3) RI § R.I. Gen. Laws § 9-1-22 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 377 (1911–2026) CA 175 (1893–2026) IL 138 (1896–2026) PA 135 (1851–2026) NE 90 (1897–2025) OH 81 (1923–2026) LA 76 (1976–2025) NC 61 (1906–2026) NY 56 (1886–2026) AZ 56 (1968–2026) AR 53 (1925–2024) MI 47 (1938–2025) UT 42 (1983–2025) MO 41 (1872–2025) KY 34 (1964–2026) GA 34 (1923–2023) CT 32 (1988–2024) OR 28 (1892–2024) KS 25 (1898–2026) MT 24 (1986–2025) ME 23 (1979–2026) IA 21 (1890–2023) OK 20 (1914–2023) MS 19 (1935–2023) IN 16 (1886–2016) WA 16 (1898–2021) AK 11 (2000–2023) NM 11 (1900–2023) RI 11 (1994–2020) TN 10 (1948–2026) WV 10 (1901–2026) FL 10 (1968–2025) SD 9 (1942–1993) MN 9 (1917–2015) VA 8 (1913–2018) NJ 7 (1957–2024) MA 7 (1938–2022) MD 7 (1978–2020) HI 7 (1986–2009) AL 7 (2002–2024) DC 5 (1990–2010) CO 5 (2007–2025) ND 4 (1994–2021) DE 4 (1959–2019) WY 2 (2018–2021) NV 2 (2016–2017) VT 2 (1980–2005) ID 2 (2014–2014)

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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