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10 Rhode Island opinions name it 1 courts 2012–2020 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.
| Case | Followed | Cited |
|---|---|---|
Chapdelaine v. Stategreen2 sentences2017When reviewing an appeal arising from the denial of an application for postconviction relief, “[t]his Court will not impinge upon the fact-finding function of a hearing justice * * * ‘absent clear error or a showing that the [hearing] justice overlooked or misconceived material evidence in arriving at those findings.’ ” Anderson, 45 A.3d at 601 (quoting Chapdelaine v. State, 32 A.3d 937, 941 (R.I. 2011)). 2017When reviewing an appeal arising from the denial of an application for postconviction relief, “[t]his Court will not impinge upon the fact-finding function of a hearing justice * * * ‘absent clear error or a showing that the [hearing] justice overlooked or misconceived material evidence in arriving at those findings.’” Anderson, 45 A.3d at 601 (quoting Chapdelaine v. State, 32 A.3d 937, 941 (R.I. 2011)). | 6 | 6 |
State v. Laurencegreen2 sentences2017“However, when a decision regarding postcon-viction relief ‘involv[es] questions of fact or mixed questions of law and fact pertaining to an alleged violation of an applicant’s constitutional rights,’ this Court’s standard of review is de novo.” Id. (quoting State v. Laurence, 18 A.3d 512, 521 (R.I. 2011)). 2017“However, when a decision regarding postcon-viction relief ‘involvfes] questions of fact or mixed questions of law and fact pertaining to an alleged violation of an applicant’s constitutional rights,’ this Court’s standard of review is de novo.” Id. (quoting State v. Laurence, 18 A.3d 512, 521 (R.I. 2011)). | 6 | 6 |
Tempest v. Stategreen2 sentences2020“When we review an application for postconviction relief, ‘this Court will not impinge upon the fact-finding function of a hearing justice absent clear error or a showing that the hearing justice overlooked or misconceived material evidence in arriving at those findings.’” Chum v. State, 160 A.3d 295, 298 (R.I. 2017) (brackets and deletion omitted) (quoting Tempest v. State, 141 A.3d 677, 682 (R.I. 2016)). 2017II Standard of Review When we review an application for postconviction relief, “[t]his Court will not impinge upon the fact-finding function of a hearing justice * * * absent clear error or a showing that the [hearing] justice overlooked or misconceived material evidence in arriving at those findings.” Tempest v. State, 141 A.3d 677, 682 (R.I.), reargument denied, 150 A.3d 179 (R.I. 2016) (quoting State v. Thornton, 68 A.3d 533, 539 (R.I. 2013)). | 2 | 2 |
State v. Christopher S. Thorntongreen2 sentences2017II Standard of Review When we review an application for postconviction relief, “[t]his Court will not impinge upon the fact-finding function of a hearing justice * * * absent clear error or a showing that the [hearing] justice overlooked or misconceived material evidence in arriving at those findings.” Tempest v. State, 141 A.3d 677, 682 (R.I.), reargument denied, 150 A.3d 179 (R.I. 2016) (quoting State v. Thornton, 68 A.3d 533, 539 (R.I. 2013)). 2016“In reviewing an application for postconviction relief, *[t]his Court will not impinge upon the fact-finding function of a hearing justice ⅜ * * absent clear error or a showing that the [hearing] justice overlooked or misconceived material evidence in arriving at those findings.’” State v. Thornton, 68 A.3d 533, 539 (R.I.2018) (quoting Anderson, 45 A.3d at 601 ). | 2 | 2 |
Yara CHUM v. STATE of Rhode Islandgreen1 sentence2020“When we review an application for postconviction relief, ‘this Court will not impinge upon the fact-finding function of a hearing justice absent clear error or a showing that the hearing justice overlooked or misconceived material evidence in arriving at those findings.’” Chum v. State, 160 A.3d 295, 298 (R.I. 2017) (brackets and deletion omitted) (quoting Tempest v. State, 141 A.3d 677, 682 (R.I. 2016)). | 1 | 1 |
Javier Merida v. State of Rhode Islandgreen2 sentences2017However, this Court conducts a de novo review of postconviction relief decisions that “involve[] questions of fact or mixed questions of law and fact pertaining to an alleged violation of an applicant’s constitutional rights * * *.” Merida v. State, 93 A.3d 545, 549 (R.I. 2014) (internal quotation marks omitted); see also Gomes, 161 A.3d at 518 . 2017However, this Court conducts a de novo review of postconviction relief decisions that “involve[] questions of fact or mixed questions of law and fact pertaining to an alleged violation of an applicant’s constitutional rights * * *." Merida v. State, 93 A.3d 545, 549 (R.I. 2014) (internal quotation marks omitted); see also Gomes, 161 A.3d at 518 . | 1 | 1 |
Abdoulie Njie v. State of Rhode Islandgreen2 sentences2017As such, we will not “impinge upon the fact-finding function of a hearing justice * * * absent clear error or a showing that the [hearing] justice overlooked or misconceived material evidence in arriving at those findings.” Njie v. State, 156 A.3d 429, 433 (R.I. 2017) (internal quotation marks omitted); see also Gomes v. State, 161 A.3d 511, 518 (R.I. 2017). 2017As such, we will not “impinge upon the fact-finding function of a hearing justice * * * absent clear error or a showing that the [hearing] justice overlooked or misconceived material evidence in arriving at those "findings.” Njie v. State, 156 A.3d 429, 433 (R.I. 2017) (internal quotation marks omitted); see also Gomes v. State, 161 A.3d 511, 518 (R.I. 2017). | 1 | 1 |
Darren Gomes v. State of Rhode Islandgreen2 sentences2017As such, we will not “impinge upon the fact-finding function of a hearing justice * * * absent clear error or a showing that the [hearing] justice overlooked or misconceived material evidence in arriving at those findings.” Njie v. State, 156 A.3d 429, 433 (R.I. 2017) (internal quotation marks omitted); see also Gomes v. State, 161 A.3d 511, 518 (R.I. 2017). 2017As such, we will not “impinge upon the fact-finding function of a hearing justice * * * absent clear error or a showing that the [hearing] justice overlooked or misconceived material evidence in arriving at those "findings.” Njie v. State, 156 A.3d 429, 433 (R.I. 2017) (internal quotation marks omitted); see also Gomes v. State, 161 A.3d 511, 518 (R.I. 2017). | 1 | 1 |
Gordon v. Stategreen1 sentence2012This Court will not impinge upon the fact-finding function of a hearing justice in reviewing an application for postconviction relief “absent clear error or a . showing that the [hearing] justice overlooked or misconceived material evidence in arriving at those findings.” Chapdelaine v. State, 32 A.3d 937, 941 (R.I.2011) (quoting Gordon v. State, 18 A.3d 467, 473 (R.I.2011)). | 1 | 1 |
Washington v. Stategreen1 sentence2012“However, when a decision regarding post-conviction relief ‘involv[es] questions of fact or mixed questions of law and fact pertaining to an alleged violation of an applicant’s constitutional rights,’ this Court’s standard of review is de novo.” State v. Laurence, 18 A.3d 512, 521 (R.I.2011) (quoting Washington v. State, 989 A.2d 94, 98 (R.I.2010)). | 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 |
|---|---|---|
Anderson v. State
green
2 sentences2017When reviewing an appeal arising from the denial of an application for postconviction relief, “[t]his Court will not impinge upon the fact-finding function of a hearing justice * * * ‘absent clear error or a showing that the [hearing] justice overlooked or misconceived material evidence in arriving at those findings.’ ” Anderson, 45 A.3d at 601 (quoting Chapdelaine v. State, 32 A.3d 937, 941 (R.I. 2011)). 2017When reviewing an appeal arising from the denial of an application for postconviction relief, “[t]his Court will not impinge upon the fact-finding function of a hearing justice * * * ‘absent clear error or a showing that the [hearing] justice overlooked or misconceived material evidence in arriving at those findings.’” Anderson, 45 A.3d at 601 (quoting Chapdelaine v. State, 32 A.3d 937, 941 (R.I. 2011)). | 6 | 2013–2017 |
Rice v. State
green
2 sentences2013In reviewing an application for postconviction relief, “[t]his Court will not impinge upon the fact-finding function of a hearing justice * * * ‘absent clear error or a showing that the [hearing] justice overlooked or misconceived material evidence in arriving at those findings.’” Id. (quoting Chapdelaine v. State, 32 A.3d 937, 941 (R.I.2011)). 2013In reviewing an application for postconviction relief, “[t]his Court will not impinge upon the fact-finding function of a hearing justice * * * ‘absent clear error or a showing that the [hearing] justice overlooked or misconceived material evidence in arriving at those findings.’ ” Id. (quoting Chapdelaine v. State, 32 A.3d 937, 941 (R.I.2011)). | 2 | 2013–2013 |
Raymond D. Tempest, Jr. v. State of Rhode Island
green
1 sentence2017II Standard of Review When we review an application for postconviction relief, “[t]his Court will not impinge upon the fact-finding function of a hearing justice * * * absent clear error or a showing that the [hearing] justice overlooked or misconceived material evidence in arriving at those findings.” Tempest v. State, 141 A.3d 677, 682 (R.I.), reargument denied, 150 A.3d 179 (R.I. 2016) (quoting State v. Thornton, 68 A.3d 533, 539 (R.I. 2013)). | 1 | 2017–2017 |
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.
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.