11 Rhode Island opinions name it 2 courts 1978–2022 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.
| Case | Followed | Cited |
|---|---|---|
Ridgewood Homeowners Ass'n v. Mignaccagreen1 sentence2022See Ridgewood Homeowners Association v. Mignacca, 813 A.2d 965, 972 (R.I. 2003) (stating that the party advancing an affirmative defense bears the burden of proof). | 1 | 1 |
State v. Brennangreen1 sentence2005State v. Brennan, 627 A.2d 842, 844-45 (R.I.1993). | 1 | 1 |
State v. Howardgreen2 sentences1980State v. Howard, 114 R.I. 731, 738 , 339 A.2d 259, 263 (1975). 1980State v. Howard, 114 R.I. 731, 738 , 339 A.2d 259, 263 (1975). | 1 | 1 |
State v. Browngreen2 sentences1980See, e. g., State v. Brown, 131 N.J.Super. 228 , 329 A.2d 347 (1974). 1980See, e. g., State v. Brown, 131 N.J.Super. 228 , 329 A.2d 347 (1974). | 1 | 1 |
In Re Doegreen1 sentence1980See In re John Doe, R.I., 390 A.2d 920, 924 (1978). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Rhode Island. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
2 sentences2005The petitioner bears the burden of proving a claim of ineffective assistance of counsel, and to succeed, he must satisfy the standard announced by the United States Supreme Court in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 2005The petitioner bears the burden of proving a claim of ineffective assistance of counsel, and to succeed, he must satisfy the standard announced by the United States Supreme Court in Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). | 2 | 1994–2005 |
Palmigiano v. Mullen
green
2 sentences2007Palmigiano v. Mullen , 119 R.I. 363 , 377 A.2d 242 (1977). 2007Palmigiano v. Mullen , 119 R.I. 363 , 377 A.2d 242 (1977). | 1 | 2007–2007 |
State v. Baker
green
2 sentences2004A trial justice is obligated “to preclude the possibility that the jury might misconstrue the law and place upon defendant the burden of proving the defense.” Id. at 910-11 . 2004When the contested jury instruction is read “in the context of the charge as a whole,” id. at 910 , however, there is no question that the burden of proving self-defense remained with the state. | 1 | 2004–2004 |
Delahunt v. State
green
1 sentence1993Cochrane, 443 A.2d at 1251 (citing Delahunt v. State, 440 A.2d 133 (R.I.1982), and State v. Turley, 113 R.I. 104 , 318 A.2d 455 (1974)). | 1 | 1993–1993 |
State v. Turley
green
2 sentences1993Cochrane, 443 A.2d at 1251 (citing Delahunt v. State, 440 A.2d 133 (R.I.1982), and State v. Turley, 113 R.I. 104 , 318 A.2d 455 (1974)). 1993Cochrane, 443 A.2d at 1251 (citing Delahunt v. State, 440 A.2d 133 (R.I.1982), and State v. Turley, 113 R.I. 104 , 318 A.2d 455 (1974)). | 1 | 1993–1993 |
State v. Cochrane
green
1 sentence1993Cochrane, 443 A.2d at 1251 (citing Delahunt v. State, 440 A.2d 133 (R.I.1982), and State v. Turley, 113 R.I. 104 , 318 A.2d 455 (1974)). | 1 | 1993–1993 |
State v. McGehearty
green
1 sentence1981Subsequent to his conviction and the denial of his appeal therefrom, this court reversed Duffy in State v. McGehearty, R.I., 394 A.2d 1348 (1978). | 1 | 1981–1981 |
State v. Duffy
green
2 sentences1981At the trial of the substantive offenses, petitioner attempted to raise the defense of voluntary intoxication. 2 The trial justice instructed the jury that petitioner had the burden of proving his defense by a fair preponderance of the evidence, in accordance with State v. Duffy, 112 R.I. 276 , 308 A.2d 796 (1973). 1981At the trial of the substantive offenses, petitioner attempted to raise the defense of voluntary intoxication. 2 The trial justice instructed the jury that petitioner had the burden of proving his defense by a fair preponderance of the evidence, in accordance with State v. Duffy, 112 R.I. 276 , 308 A.2d 796 (1973). | 1 | 1981–1981 |
In Re WINSHIP
green
2 sentences1978At oral argument, however, the case took a different turn. *58 There, attention focused on In re Winship, 397 U.S. 358 , 90 S. Ct. 1068 , 25 L. 1978At oral argument, however, the case took a different turn. *58 There, attention focused on In re Winship, 397 U.S. 358 , 90 S. Ct. 1068 , 25 L. | 1 | 1978–1978 |
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.