record for judicial error in Rhode Island

2022“In addition to examining the record for judicial error, ‘we inspect the record to discern if there is any legally competent evidence to support the findings of the hearing justice below.’” Id. (quoting Brown v. State, 841 A.2d 1116, 1121 (R.I. 2004)).

2022“In addition to examining the record for judicial error, ‘we inspect the record to discern if there is any legally competent evidence to support the findings of the hearing justice below.’” Id. (quoting Brown v. State, 841 A.2d 1116, 1121 (R.I. 2004)).

2024“This Court will not disturb a trial justice’s factual findings made on an application for post-conviction relief absent clear error or a showing that the trial justice overlooked or misconceived material evidence in arriving at those findings.” Id. (quoting Chapdelaine v. State, 32 A.3d 937, 941 (R.I. 2011)).

2022“This Court will not disturb a trial justice’s factual findings made on an application for post-conviction relief absent clear error or a showing that the trial 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)). 6 While we, in granting the state’s petition for certiorari, directed the parties to address whether the issue of Atryzek’s lifetime duty to register under the state’s “aggravated offense” theory was barred by the doctrine of res judicata, a revi

2023“We shall not disturb the findings of the trial justice unless it is established that he or she misconceived or overlooked relevant and material evidence or was otherwise clearly wrong.” Id. (quoting WMS Gaming, Inc. v. Sullivan, 6 A.3d 1104, 1111 (R.I. 2010)).

2014The Court does “not weigh the evidence on *415 certiorari, but only conduces a] review to examine questions of law raised in the petition.” WMS Gaming, Inc. v. Sullivan, 6 A.3d 1104, 1111 (R.I.2010) (quoting Greenberg, 951 A.2d at 489 ).

2022“This Court will not disturb a trial justice’s factual findings made on an application for post-conviction relief absent clear error or a showing that the trial 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)). 6 While we, in granting the state’s petition for certiorari, directed the parties to address whether the issue of Atryzek’s lifetime duty to register under the state’s “aggravated offense” theory was barred by the doctrine of res judicata, a revi

2017Analysis Scope of Rule 26 Rule 26(b)(1) provides, in pertinent part, that “[pjarties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action * * “The philosophy underlying modern discovery is that prior to trial, all data relevant to the pending controversy should be disclosed unless the data is privileged.” Cabral v. Arruda, 556 A.2d 47, 48 (R.I. 1989).

2017“In addition to examining the record for judicial error, ‘we inspect the record to discern if there is any legally competent evidence to support the findings of the hearing justice below.’ ” Id. (quoting Brown v. State, 841 A.2d 1116, 1121 (R.I. 2004)). “[Wjith respect to determining the scope of Rule 26, we have repeatedly employed a de novo standard of review.” Cashman Equipment Corp., Inc. v. Cardi Corp., Inc., 139 A.3d 379, 381 (R.I. 2016) (citing State v. Lead Industries Association, Inc., 64 A.3d 1183, 1191 (R.I. 2013)).

2017“In addition to examining the record for judicial error, ‘we inspect the record to discern if there is any legally competent evidence to support the findings of the hearing justice below.’ ” Id. (quoting Brown v. State, 841 A.2d 1116, 1121 (R.I. 2004)). “[Wjith respect to determining the scope of Rule 26, we have repeatedly employed a de novo standard of review.” Cashman Equipment Corp., Inc. v. Cardi Corp., Inc., 139 A.3d 379, 381 (R.I. 2016) (citing State v. Lead Industries Association, Inc., 64 A.3d 1183, 1191 (R.I. 2013)).

2015“When we evaluate questions of law, our review is de novo.” Pierce v. Providence Retirement Board, 15 A.3d 957, 961 (R.I.2011).

2015“When we evaluate questions of law, our review is de novo.” Pierce v. Providence Retirement Board, 15 A.3d 957, 961 (R.I. 2011).

2013In addition to examining the record for judicial error, “we inspect the record to discern if there is any legally competent evidence to support the findings of the hearing justice below.” Brown v. State, 841 A.2d 1116, 1121 (R.I.2004) (citing Ryan v. Roman Catholic Bishop of Providence, 787 A.2d 1191, 1193 (R.I.2002)).