available defense (Rhode Island) · Go Syfert
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available defense in Rhode Island

9 Rhode Island opinions name it 1 courts 1980–2013 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 (5)

CaseFollowedCited
State v. Patriarcagreen
ri · 1973 · cited in 2 Rhode Island opinions naming this issue, 1982–1982
2 sentences

1982State v. Darcy, R.I., 442 A.2d 900, 902 (1982); see also State v. Patriarca, 112 R.I. 14, 37-38 , 308 A.2d 300, 315 (1973).

1982State v. Darcy, R.I., 442 A.2d 900, 902 (1982); see also State v. Patriarca, 112 R.I. 14, 37-38 , 308 A.2d 300, 315 (1973).

22
State v. Coelhogreen
ri · 1982 · cited in 4 Rhode Island opinions naming this issue, 1983–2007
2 sentences

1994If discovery procedures have been enacted by a state then “failure to comply with [discovery] rules * * * may violate the defendant’s due-process rights to establish the best available defense.” Id.

1983Both State v. Coelho, supra, and State v. Darcy, R.I., 442 A.2d 900 (1982) stand for the proposition that a prosecutor’s failure to comply with discovery may infringe upon a defendant’s due process rights to establish the best available defense.

14
State v. Darcygreen
ri · 1982 · cited in 3 Rhode Island opinions naming this issue, 1982–1996
2 sentences

1983Both State v. Coelho, supra, and State v. Darcy, R.I., 442 A.2d 900 (1982) stand for the proposition that a prosecutor’s failure to comply with discovery may infringe upon a defendant’s due process rights to establish the best available defense.

1982In reversing the conviction, we stated that “[t]he introduction of the previously undisclosed statement may have denied defendant the opportunity required by due process to establish the best available defense.” Id., 442 A.2d at 902 .

13
KAROUSOS v. Pardeegreen
ri · 2010 · cited in 1 Rhode Island opinions naming this issue, 2013–2013
1 sentence

2013As we recognized in Karousos v. Pardee, 992 A.2d 263, 269 (R.I. 2010), this Court “never ha[s] held that a defendant’s actions were objectively baseless.” One can only wonder about a communication to a public agency that no reasonable person could expect to be successful. - 27 - Importantly, the sham exception, the only available defense under the statute, is silent on the issue that is of concern to me: What about those communications for which there is a factual basis to support a claim of tortious conduct?

11
State v. Powersgreen
ri · 1987 · cited in 1 Rhode Island opinions naming this issue, 1996–1996
1 sentence

1996See State v. Powers, 526 A.2d 489 (R.I.1987); State v. Diaz, 456 A.2d 256 (R.I.1983); State v. Darcy, 442 A.2d 900 (R.I.1982), and State v. Coelho, 454 A.2d 241 (R.I.1982).

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 (4)

CaseCitedYears
State v. Cressey green
nh · 1993
2 sentences

1996In such a ease, the expert’s conclusions are as impenetrable as they are unverifiable.” 137 N.H. at 410 , 628 A.2d at 701 .

1996In such a ease, the expert’s conclusions are as impenetrable as they are unverifiable.” 137 N.H. at 410 , 628 A.2d at 701 .

11996–1996
State v. Diaz green
ri · 1983
1 sentence

1996See State v. Powers, 526 A.2d 489 (R.I.1987); State v. Diaz, 456 A.2d 256 (R.I.1983); State v. Darcy, 442 A.2d 900 (R.I.1982), and State v. Coelho, 454 A.2d 241 (R.I.1982).

11996–1996
State v. Sciarra green
ri · 1982
1 sentence

1982In State v. Sciarra, R.I., 448 A.2d 1215 (1982), the trial justice prohibited a key defense expert witness from testifying because of the defendant’s failure to make a timely disclosure of the testimony.

11982–1982
State v. Stasio green
nj · 1979
2 sentences

1980It could * * * excuse shoplifting * * Id. at 482 , 396 A.2d at 1136 .

1980It could * * * excuse shoplifting * * Id. at 482 , 396 A.2d at 1136 .

11980–1980

Where else courts name it

IL 63 (1932–2026) WI 44 (1959–2026) IN 42 (1857–2025) NY 42 (1868–2024) FL 40 (1894–2019) CA 39 (1938–2023) TX 36 (1928–2026) MO 35 (1911–2025) DC 30 (1980–2025) OH 28 (1967–2026) PA 27 (1929–2026) MI 21 (1914–2026) WA 16 (2002–2020) AL 13 (1887–1998) MA 13 (1982–2026) ID 12 (2001–2026) GA 10 (1934–2026) RI 9 (1980–2013) NJ 9 (1932–2021) LA 9 (1958–1997) MT 9 (1985–2023) VA 8 (1977–2023) CO 8 (1988–2022) WV 8 (1908–1997) OR 7 (1960–2023) OK 7 (1903–2023) TN 7 (2002–2016) MD 7 (1970–2016) NM 6 (1923–2022) CT 6 (1990–2015) NE 6 (1994–2024) VT 6 (1892–2016) WY 6 (1884–2023) MS 6 (1999–2014) DE 5 (2000–2022) KS 5 (1996–2020) IA 5 (1952–1984) KY 4 (1871–2024) HI 4 (1995–2018) ME 3 (1979–2021) AR 3 (1992–2025) MN 3 (1998–2024) NH 2 (1995–2024) UT 2 (2012–2017) NC 2 (1994–2010) SD 2 (1998–2003) ND 2 (1958–1995) SC 2 (1970–2017)

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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