9 Rhode Island opinions name it 2 courts 2000–2026 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 |
|---|---|---|
Amchem Products, Inc. v. Windsorgreen2 sentences2001Therefore, the Plaintiff satisfies the requirements of Rule 23(a)(3) in that his claims and issues involved in his case are typical of those of the class. 2 Rule 23(a)(4) — Adequacy "The adequacy inquiry under Rule 23(a)(4) serves to uncover conflicts of interest between named parties and the class they seek to represent." Amchem Products, Inc. v. Windsor, 521 U.S. 591 , 624, 117 S.Ct. 2231,2250 (1997) (citing General Telephone Co. of Southwest v. Falcon, 457 U.S. 147 , 157-58, n. 13, 102 S.Ct. 2364, 2370-71, n. 13 (1982)). 2001Therefore, the Plaintiff satisfies the requirements of Rule 23(a)(3) in that his claims and issues involved in his case are typical of those of the class. 2 Rule 23(a)(4) — Adequacy "The adequacy inquiry under Rule 23(a)(4) serves to uncover conflicts of interest between named parties and the class they seek to represent." Amchem Products, Inc. v. Windsor, 521 U.S. 591 , 624, 117 S.Ct. 2231,2250 (1997) (citing General Telephone Co. of Southwest v. Falcon, 457 U.S. 147 , 157-58, n. 13, 102 S.Ct. 2364, 2370-71, n. 13 (1982)). | 1 | 2 |
State v. Shermangreen2 sentences2026Relatedly, this Court determined that even if the final charge satisfied the adequacy requirement, the instruction lacked “immediacy.” Id. at 83 , 317 A.2d at 449 ; see also id. at 82 , 317 A.2d at 448 (“We think that the ultimate requirement in a cautionary instruction, to make it effective, is that it be adequate to clearly impress upon the minds of the jurors that they are precluded by their oath from drawing from a failure to testify any inference tending to establish the guilt of the defendant.”). - 13 - In our opinion, Sherman does not control our analysis because, unlike the case at bar 2026Relatedly, this Court determined that even if the final charge satisfied the adequacy requirement, the instruction lacked “immediacy.” Id. at 83 , 317 A.2d at 449 ; see also id. at 82 , 317 A.2d at 448 (“We think that the ultimate requirement in a cautionary instruction, to make it effective, is that it be adequate to clearly impress upon the minds of the jurors that they are precluded by their oath from drawing from a failure to testify any inference tending to establish the guilt of the defendant.”). - 13 - In our opinion, Sherman does not control our analysis because, unlike the case at bar | 1 | 1 |
State v. Barkmeyergreen1 sentence2026As we have noted, “the trial justice has a front row seat during the trial so that the trial justice can best evaluate the effects of any prejudice on the jury.” Id. (brackets omitted) (quoting State v. Barkmeyer, 949 A.2d 984, 1007 (R.I. 2008)). | 1 | 1 |
State v. Florigreen1 sentence2013See State v. Flori, 963 A.2d 932, 937 (R.I.2009) (“[n]o party may assign as error any portion of the charge * * * unless the party objects thereto before the jury retires to consider its verdict * * (quoting Rule 30 of the Superior Court Rules of Criminal Procedure)). | 1 | 1 |
State v. Sivogreen1 sentence2007It is well settled in this jurisdiction that “it is not necessary for a trial justice to give an accomplice charge.” State v. Sivo, 809 A.2d 481, 491 (R.I.2002); see also State v. Marrapese, 583 A.2d 537, 545 (R.I.1990); State v. Mastrofine, 551 A.2d 1174, 1176 (R.I.1988); State v. Fenner, 503 A.2d 518, 525 (R.I.1986). | 1 | 1 |
State v. Mastrofinegreen1 sentence2007It is well settled in this jurisdiction that “it is not necessary for a trial justice to give an accomplice charge.” State v. Sivo, 809 A.2d 481, 491 (R.I.2002); see also State v. Marrapese, 583 A.2d 537, 545 (R.I.1990); State v. Mastrofine, 551 A.2d 1174, 1176 (R.I.1988); State v. Fenner, 503 A.2d 518, 525 (R.I.1986). | 1 | 1 |
State v. Fennergreen1 sentence2007It is well settled in this jurisdiction that “it is not necessary for a trial justice to give an accomplice charge.” State v. Sivo, 809 A.2d 481, 491 (R.I.2002); see also State v. Marrapese, 583 A.2d 537, 545 (R.I.1990); State v. Mastrofine, 551 A.2d 1174, 1176 (R.I.1988); State v. Fenner, 503 A.2d 518, 525 (R.I.1986). | 1 | 1 |
State v. Marrapesegreen1 sentence2007It is well settled in this jurisdiction that “it is not necessary for a trial justice to give an accomplice charge.” State v. Sivo, 809 A.2d 481, 491 (R.I.2002); see also State v. Marrapese, 583 A.2d 537, 545 (R.I.1990); State v. Mastrofine, 551 A.2d 1174, 1176 (R.I.1988); State v. Fenner, 503 A.2d 518, 525 (R.I.1986). | 1 | 1 |
General Telephone Co. of Southwest v. Falcongreen2 sentences2001Therefore, the Plaintiff satisfies the requirements of Rule 23(a)(3) in that his claims and issues involved in his case are typical of those of the class. 2 Rule 23(a)(4) — Adequacy "The adequacy inquiry under Rule 23(a)(4) serves to uncover conflicts of interest between named parties and the class they seek to represent." Amchem Products, Inc. v. Windsor, 521 U.S. 591 , 624, 117 S.Ct. 2231,2250 (1997) (citing General Telephone Co. of Southwest v. Falcon, 457 U.S. 147 , 157-58, n. 13, 102 S.Ct. 2364, 2370-71, n. 13 (1982)). 2001Therefore, the Plaintiff satisfies the requirements of Rule 23(a)(3) in that his claims and issues involved in his case are typical of those of the class. 2 Rule 23(a)(4) — Adequacy "The adequacy inquiry under Rule 23(a)(4) serves to uncover conflicts of interest between named parties and the class they seek to represent." Amchem Products, Inc. v. Windsor, 521 U.S. 591 , 624, 117 S.Ct. 2231,2250 (1997) (citing General Telephone Co. of Southwest v. Falcon, 457 U.S. 147 , 157-58, n. 13, 102 S.Ct. 2364, 2370-71, n. 13 (1982)). | 1 | 1 |
State v. Jalettegreen2 sentences2000And the trial justice cannot be charged on appeal with failing to give a Rule 404(b) instruction regarding Cifredo's bail-hearing testimony because "the trial justice was under no obligation to give a limiting or cautionary instruction in the absence of a request to be made by counsel for the defense," id. at 1195 , because "[t]he present case does not deal with sexual assault." Id. (citing State v. Jalette, 119 R.I. 614, 621-28 , 382 A.2d 526, 533-34 (1978)). [8] The dissent, nonetheless, claims that "[c]ertainly the issue of the adequacy of the instruction has been preserved." Not surprising 2000And the trial justice cannot be charged on appeal with failing to give a Rule 404(b) instruction regarding Cifredo's bail-hearing testimony because "the trial justice was under no obligation to give a limiting or cautionary instruction in the absence of a request to be made by counsel for the defense," id. at 1195 , because "[t]he present case does not deal with sexual assault." Id. (citing State v. Jalette, 119 R.I. 614, 621-28 , 382 A.2d 526, 533-34 (1978)). [8] The dissent, nonetheless, claims that "[c]ertainly the issue of the adequacy of the instruction has been preserved." Not surprising | 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 |
|---|---|---|
State v. Smith
green
2 sentences2026We contrast Sherman with State v. Smith, 446 A.2d 1035 (R.I. 1982), in which the prosecutor cross-examined the defendant concerning his post-arrest failure “to tell the police the story that he had told at trial * * *.” Smith, 446 A.2d at 1036 . 2026We contrast Sherman with State v. Smith, 446 A.2d 1035 (R.I. 1982), in which the prosecutor cross-examined the defendant concerning his post-arrest failure “to tell the police the story that he had told at trial * * *.” Smith, 446 A.2d at 1036 . | 1 | 2026–2026 |
State v. Charles Mitchell
green
1 sentence2017Furthermore, “[a]ny issue as to the adequacy of that instruction is waived [if] [the] defendant [does] not raise an objection prior .to the jury’s deliberation.” Id. at 29-30 . | 1 | 2017–2017 |
Mathews v. Eldridge
green
1 sentence2009Under Matthews , a court's first task is to determine the nature and significance of the interest at issue. *Page 20 424 U.S. at 341 . | 1 | 2009–2009 |
James M. Marx v. Kelly, Hart & Hallman, P.C., D/B/A Kelly, Appleman, Hart and Hallman
green
1 sentence2005While courts assessing the adequacy of a privilege log "should avoid hair-trigger findings of waiver, the party relying on the privilege needs to provide significant backup information." Id. at § 2213, p. 428. | 1 | 2005–2005 |
State v. Martinez
green
2 sentences2000And the trial justice cannot be charged on appeal with failing to give a Rule 404(b) instruction regarding Cifredo's bail-hearing testimony because "the trial justice was under no obligation to give a limiting or cautionary instruction in the absence of a request to be made by counsel for the defense," id. at 1195 , because "[t]he present case does not deal with sexual assault." Id. (citing State v. Jalette, 119 R.I. 614, 621-28 , 382 A.2d 526, 533-34 (1978)). [8] The dissent, nonetheless, claims that "[c]ertainly the issue of the adequacy of the instruction has been preserved." Not surprising 2000And the trial justice cannot be charged on appeal with failing to give a Rule 404(b) instruction regarding Cifredo's bail-hearing testimony because "the trial justice was under no obligation to give a limiting or cautionary instruction in the absence of a request to be made by counsel for the defense," id. at 1195 , because "[t]he present case does not deal with sexual assault." Id. (citing State v. Jalette, 119 R.I. 614, 621-28 , 382 A.2d 526, 533-34 (1978)). [8] The dissent, nonetheless, claims that "[c]ertainly the issue of the adequacy of the instruction has been preserved." Not surprising | 1 | 2000–2000 |
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.