fact-finding function hearing (Rhode Island) · Go Syfert
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fact-finding function hearing in Rhode Island

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.

Followed or applied (10)

CaseFollowedCited
Chapdelaine v. Stategreen
ri · 2011 · cited in 6 Rhode Island opinions naming this issue, 2012–2017
2 sentences

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)).

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)).

66
State v. Laurencegreen
ri · 2011 · cited in 6 Rhode Island opinions naming this issue, 2012–2017
2 sentences

2017“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)).

66
Tempest v. Stategreen
ri · 2016 · cited in 2 Rhode Island opinions naming this issue, 2017–2020
2 sentences

2020“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)).

22
State v. Christopher S. Thorntongreen
ri · 2013 · cited in 2 Rhode Island opinions naming this issue, 2016–2017
2 sentences

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)).

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 ).

22
Yara CHUM v. STATE of Rhode Islandgreen
ri · 2017 · cited in 1 Rhode Island opinions naming this issue, 2020–2020
1 sentence

2020“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)).

11
Javier Merida v. State of Rhode Islandgreen
ri · 2014 · cited in 1 Rhode Island opinions naming this issue, 2017–2017
2 sentences

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 .

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 .

11
Abdoulie Njie v. State of Rhode Islandgreen
ri · 2017 · cited in 1 Rhode Island opinions naming this issue, 2017–2017
2 sentences

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).

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).

11
Darren Gomes v. State of Rhode Islandgreen
ri · 2017 · cited in 1 Rhode Island opinions naming this issue, 2017–2017
2 sentences

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).

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).

11
Gordon v. Stategreen
ri · 2011 · cited in 1 Rhode Island opinions naming this issue, 2012–2012
1 sentence

2012This 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)).

11
Washington v. Stategreen
ri · 2010 · cited in 1 Rhode Island opinions naming this issue, 2012–2012
1 sentence

2012“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)).

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 (3)

CaseCitedYears
Anderson v. State green
ri · 2012
2 sentences

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)).

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)).

62013–2017
Rice v. State green
ri · 2012
2 sentences

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)).

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)).

22013–2013
Raymond D. Tempest, Jr. v. State of Rhode Island green
ri · 2016
1 sentence

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)).

12017–2017

Statutes the citing opinions construe

RI § R.I. Gen. Laws § 10-9.1-1 (5) RI § R.I. Gen. Laws § 10-9.1-8 (4) RI § R.I. Gen. Laws § 10-9.1-9 (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

PA 44 (1953–2025) RI 10 (2012–2020) OH 2 (2012–2013)

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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