defendant has committed violation (Rhode Island) · Go Syfert
← Rhode Island issues

defendant has committed violation in Rhode Island

11 Rhode Island opinions name it 1 courts 2011–2022 2 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 (12)

CaseFollowedCited
State v. Penagreen
ri · 2002 · cited in 4 Rhode Island opinions naming this issue, 2011–2012
2 sentences

2012“To determine whether the defendant has committed a violation, the hearing justice ‘weighs the evidence and assesses the credibility of the witnesses.’ ” English, 21 A.3d at 407 (quoting State v. Pena, 791 A.2d 484, 485 (R.I.2002) (mem.)).

2011To determine whether the defendant has committed' a violation, the hearing justice “weighs the evidence and assesses the credibility of the witnesses.” State v. Pena, 791 A.2d 484, 485 (R.I.2002) (mem.).

44
State v. Jacksongreen
ri · 2009 · cited in 3 Rhode Island opinions naming this issue, 2011–2014
2 sentences

2014“In reviewing the hearing justice’s determination, ‘[t]his Court gives the trial justice’s assessment of the credibility of witnesses great deference.’” Id. (quoting English, 21 A.3d at 407 ). “[T]his Court will not ‘second-guess’ supportable credibility assessments of a hearing justice in a probation-revocation hearing[.]” Id. (quoting State v. Jackson, 966 A.2d 1225, 1229 (R.I.2009)). “[I]nstead ‘[our] review of a hearing justice’s decision in a probation-violation proceeding is limited to considering whether the hearing justice acted arbitrarily or capriciously in finding a violation.’ ” Id

2014“In reviewing the hearing justice’s determination, ‘[t]his Court gives the trial justice’s assessment of the credibility of witnesses great deference.’” Id. (quoting English, 21 A.3d at 407 ). “[T]his Court will not ‘second-guess’ supportable credibility assessments of a hearing justice in a probation-revocation hearing[.]” Id. (quoting State v. Jackson, 966 A.2d 1225, 1229 (R.I.2009)). “[I]nstead ‘[our] review of a hearing justice’s decision in a probation-violation proceeding is limited to considering whether the hearing justice acted arbitrarily or capriciously in finding a violation.’ ” Id

33
State v. Englishgreen
ri · 2011 · cited in 5 Rhode Island opinions naming this issue, 2011–2014
2 sentences

2014“To determine whether the defendant has committed a violation, the hearing justice weighs the evidence and assesses the credibility of the witnesses.” Ford, 56 A.3d at 469 (quoting English, 21 A.3d at 407 ).

2012In determining whether or not a defendant has committed a violation of his or her probation, "the hearing justice is charged with weighing the evidence and assessing the credibility of the witnesses." Christodal, 946 A.2d at 816 ; see also State v. English, 21 A.3d 403, 407 (R.I.2011); State v. Gauthier, 15 A.3d 1004, 1007 (R.I. 2011).

25
State v. Gauthiergreen
ri · 2011 · cited in 2 Rhode Island opinions naming this issue, 2012–2012
2 sentences

2012In determining whether or not a defendant has committed a violation of his or her probation, “the hearing justice is charged with weighing the evidence and assessing the credibility of the witnesses.” Christodal, 946 A.2d at 816 ; see also State v. English, 21 A.3d 403, 407 (R.I.2011); State v. Gauthier, 15 A.3d 1004, 1007 (R.I.2011).

2012In determining whether or not a defendant has committed a violation of his or her probation, "the hearing justice is charged with weighing the evidence and assessing the credibility of the witnesses." Christodal, 946 A.2d at 816 ; see also State v. English, 21 A.3d 403, 407 (R.I.2011); State v. Gauthier, 15 A.3d 1004, 1007 (R.I. 2011).

22
State v. Johnsongreen
ri · 2006 · cited in 2 Rhode Island opinions naming this issue, 2011–2012
2 sentences

2012In reviewing the hearing justice’s determination, “[t]his Court gives the trial justice’s assessment of the credibility of witnesses ‘great deference.’” Id. (quoting Christodal, 946 A.2d at 816 ). “[TJhis Court will not ‘second-guess’ supportable credibility assessments of a hearing justice in a probation-revocation hearing,” State v. Jackson, 966 A.2d 1225, 1229 (R.I.2009) (quoting State v. Johnson, 899 A.2d 478, 482 (R.I.2006)), and instead “[our] ‘review of a hearing justice’s decision in a probation-violation proceeding is limited to considering whether the hearing justice acted arbitraril

2011“This Court gives the trial justice’s assessment of the credibility of witnesses ‘great deference.’ ” Id. (quoting Christodal, 946 A.2d at 816 ). “[T]his Court will not ‘second-guess’ supportable credibility assessments of a hearing justice in a probation-revocation hearing.” State v. Jackson, 966 A.2d 1225, 1229 (R.I.2009) (quoting State v. Johnson, 899 A.2d 478, 482 (R.I.2006)).

22
Eric Neufville v. StateState v. Eric Neufvillegreen
ri · 2017 · cited in 2 Rhode Island opinions naming this issue, 2021–2022
2 sentences

2022“To determine whether the defendant has committed a violation, the hearing justice weighs the evidence and assesses the credibility of the witnesses.” Molina, 251 A.3d at 493 (quoting Neufville, 172 A.3d at 165 ).

2021“On review, ‘this Court accords great deference to the hearing justice’s credibility assessments.’” Neufville, 172 A.3d at 165 (brackets omitted) (quoting Beaudoin, 137 A.3d at 732 ).

12
State v. John Fordgreen
ri · 2012 · cited in 2 Rhode Island opinions naming this issue, 2014–2016
2 sentences

2016“To determine whether the defendant has committed a violation, the hearing justice *732 weighs the evidence and assesses the credibility of the witnesses.” Barrientos, 88 A.3d at 1133 (quoting State v. Ford, 56 A.3d 463, 469 (R.I.2012)).

2014“To determine whether the defendant has committed a violation, the hearing justice weighs the evidence and assesses the credibility of the witnesses.” Ford, 56 A.3d at 469 (quoting English, 21 A.3d at 407 ).

12
State v. Sylviagreen
ri · 2005 · cited in 2 Rhode Island opinions naming this issue, 2011–2012
2 sentences

2012In reviewing the hearing justice’s determination, “[t]his Court gives the trial justice’s assessment of the credibility of witnesses ‘great deference.’” Id. (quoting Christodal, 946 A.2d at 816 ). “[TJhis Court will not ‘second-guess’ supportable credibility assessments of a hearing justice in a probation-revocation hearing,” State v. Jackson, 966 A.2d 1225, 1229 (R.I.2009) (quoting State v. Johnson, 899 A.2d 478, 482 (R.I.2006)), and instead “[our] ‘review of a hearing justice’s decision in a probation-violation proceeding is limited to considering whether the hearing justice acted arbitraril

2011It is well established that “[t]his Court’s ‘review of a hearing justice’s decision in a probation-violation proceeding is limited to considering whether the hearing justice acted arbitrarily or capriciously in finding a violation.’ ” Sylvia, 871 A.2d at 957 (quoting State v. Rioux, 708 A.2d 895, 897 (R.I.1998)). ill Discussion The defendant argues that the state’s proffered evidence was “dubious” and that “the hearing justice acted arbitrarily and capriciously” in determining that defendant violated his probation.

12
State v. Washingtongreen
ri · 2012 · cited in 1 Rhode Island opinions naming this issue, 2022–2022
1 sentence

2022“This Court’s review of a hearing justice’s decision in a probation-violation proceeding is limited to considering whether the hearing justice acted arbitrarily or capriciously in finding a violation.” State v. Chandler, 225 A.3d 946 , 947 (R.I. 2020) (brackets omitted) (quoting State v. Wiggins, 919 A.2d 987, 989 (R.I. 2007)). “[D]eference should be accorded ‘to the assessment of the credibility of witnesses made by a judicial officer who has had the opportunity to listen to live testimony and to observe demeanor.’” Segrain, 243 A.3d at 1062 (quoting State v. Washington, 42 A.3d 1265, 1271 (R

11
State v. Wigginsgreen
ri · 2007 · cited in 1 Rhode Island opinions naming this issue, 2022–2022
1 sentence

2022“This Court’s review of a hearing justice’s decision in a probation-violation proceeding is limited to considering whether the hearing justice acted arbitrarily or capriciously in finding a violation.” State v. Chandler, 225 A.3d 946 , 947 (R.I. 2020) (brackets omitted) (quoting State v. Wiggins, 919 A.2d 987, 989 (R.I. 2007)). “[D]eference should be accorded ‘to the assessment of the credibility of witnesses made by a judicial officer who has had the opportunity to listen to live testimony and to observe demeanor.’” Segrain, 243 A.3d at 1062 (quoting State v. Washington, 42 A.3d 1265, 1271 (R

11
Bajakian v. Erinakesgreen
ri · 2005 · cited in 1 Rhode Island opinions naming this issue, 2011–2011
1 sentence

2011This Court gives the trial justice’s assessment of the credibility of witnesses “great deference.” Christodal, 946 A.2d at 816 (quoting Bajakian v. Erinakes, 880 A.2d 843, 852 (R.I.2005)).

11
State v. Riouxgreen
ri · 1998 · cited in 1 Rhode Island opinions naming this issue, 2011–2011
1 sentence

2011It is well established that “[t]his Court’s ‘review of a hearing justice’s decision in a probation-violation proceeding is limited to considering whether the hearing justice acted arbitrarily or capriciously in finding a violation.’ ” Sylvia, 871 A.2d at 957 (quoting State v. Rioux, 708 A.2d 895, 897 (R.I.1998)). ill Discussion The defendant argues that the state’s proffered evidence was “dubious” and that “the hearing justice acted arbitrarily and capriciously” in determining that defendant violated his probation.

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 (6)

CaseCitedYears
State v. Christodal green
ri · 2008
2 sentences

2012In determining whether or not a defendant has committed a violation of his or her probation, “the hearing justice is charged with weighing the evidence and assessing the credibility of the witnesses.” Christodal, 946 A.2d at 816 ; see also State v. English, 21 A.3d 403, 407 (R.I.2011); State v. Gauthier, 15 A.3d 1004, 1007 (R.I.2011).

2012In determining whether or not a defendant has committed a violation of his or her probation, "the hearing justice is charged with weighing the evidence and assessing the credibility of the witnesses." Christodal, 946 A.2d at 816 ; see also State v. English, 21 A.3d 403, 407 (R.I.2011); State v. Gauthier, 15 A.3d 1004, 1007 (R.I. 2011).

52011–2012
State v. Robert Beaudoin green
ri · 2016
2 sentences

2021“To determine whether the defendant has committed a violation, the hearing justice weighs the evidence and assesses the credibility of the witnesses.” Id. (quoting Beaudoin, 137 A.3d at 731 - 32).

2017"To determine whether the defendant has committed a violation, the hearing justice weighs the evidence and assesses the credibility of the witnesses." Id. at 731-32 (quoting State v. Barrientos , 88 A.3d 1130 , 1133 (R.I. 2014) ). 6 On review, "[t]his Court accords great deference to the hearing justice's credibility assessments." Beaudoin , 137 A.3d at 732 (quoting Prout , 116 A.3d at 202 ).

22017–2021
State v. Robert Raso green
ri · 2013
2 sentences

2021“To determine whether the defendant has committed a violation, the hearing justice weighs the evidence and assesses the credibility of the witnesses.” Id. (quoting Beaudoin, 137 A.3d at 731 - 32).

2016It i's well established that “[o]n review, ‘[tjhis Court accords great deference to the hearing justice’s credibility assessments’” and “will not second-guess supportable credibility assessments of a hearing justice in a probation-revocation hearing.” Prout, 116 A.3d at 202 (quoting R aso, 80 A.3d at 42 ).

22016–2021
State v. Jose L. Barrientos green
ri · 2014
2 sentences

2017"To determine whether the defendant has committed a violation, the hearing justice weighs the evidence and assesses the credibility of the witnesses." Id. at 731-32 (quoting State v. Barrientos , 88 A.3d 1130 , 1133 (R.I. 2014) ). 6 On review, "[t]his Court accords great deference to the hearing justice's credibility assessments." Beaudoin , 137 A.3d at 732 (quoting Prout , 116 A.3d at 202 ).

2016“To determine whether the defendant has committed a violation, the hearing justice *732 weighs the evidence and assesses the credibility of the witnesses.” Barrientos, 88 A.3d at 1133 (quoting State v. Ford, 56 A.3d 463, 469 (R.I.2012)).

22016–2017
State v. Justin Prout green
ri · 2015
2 sentences

2017"To determine whether the defendant has committed a violation, the hearing justice weighs the evidence and assesses the credibility of the witnesses." Id. at 731-32 (quoting State v. Barrientos , 88 A.3d 1130 , 1133 (R.I. 2014) ). 6 On review, "[t]his Court accords great deference to the hearing justice's credibility assessments." Beaudoin , 137 A.3d at 732 (quoting Prout , 116 A.3d at 202 ).

2017"To determine whether the defendant has committed a violation, the hearing justice weighs the evidence and assesses the credibility of the witnesses." Id. at 731-32 (quoting State v. Barrientos , 88 A.3d 1130 , 1133 (R.I. 2014) ). 6 On review, "[t]his Court accords great deference to the hearing justice's credibility assessments." Beaudoin , 137 A.3d at 732 (quoting Prout , 116 A.3d at 202 ).

22016–2017
State v. Horton green
ri · 2009
2 sentences

2012This Court accords deference to “the assessment of the credibility of witnesses made by a judicial officer who has had the opportunity to listen to live testimony and to observe demeanor.” Horton, 971 A.2d at 610 .

2012This Court accords deference to "the assessment of the credibility of witnesses made by a judicial officer who has had the opportunity to listen to live testimony and to observe demeanor." Horton, 971 A.2d at 610 .

22012–2012

Where else courts name it

RI 11 (2011–2022) PA 2 (1998–2024) IN 2 (2005–2014) NC 2 (2021–2021)

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.

← Caselaw search · G Cite Topics · Brief Check