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8 Rhode Island opinions name it 2 courts 1918–2023 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 |
|---|---|---|
Morales v. Trans World Airlines, Inc.green1 sentence2023This Court follows the rule of statutory construction that, when faced with “competing statutory provisions that cannot be harmonized, we adhere to the principle that ‘the specific governs the general * * *.’” Felkner, 968 A.2d at 870 (quoting Morales v. Trans World Airlines, Inc., 504 U.S. 374, 384 (1992)). | 1 | 1 |
Whitehouse v. Morangreen1 sentence2023“When a specific statute conflicts with a general statute, our law dictates that precedence must be given to the - 13 - specific statute.” South County Post & Beam, Inc. v. McMahon, 116 A.3d 204, 215 (R.I. 2015) (quoting Warwick Housing Authority v. McLeod, 913 A.2d 1033 , 1036- 37 (R.I. 2007)). “[I]t is a ‘general rule of statutory construction that when a statute of general application conflicts with a statute that specifically deals with a special subject matter, and when the two statutes cannot be construed harmoniously together, the special statute prevails over the statute of general app | 1 | 1 |
South County Post & Beam, Inc. v. Brian T. McMahongreen1 sentence2023“When a specific statute conflicts with a general statute, our law dictates that precedence must be given to the - 13 - specific statute.” South County Post & Beam, Inc. v. McMahon, 116 A.3d 204, 215 (R.I. 2015) (quoting Warwick Housing Authority v. McLeod, 913 A.2d 1033 , 1036- 37 (R.I. 2007)). “[I]t is a ‘general rule of statutory construction that when a statute of general application conflicts with a statute that specifically deals with a special subject matter, and when the two statutes cannot be construed harmoniously together, the special statute prevails over the statute of general app | 1 | 1 |
State v. Allessiogreen1 sentence2015Each count in an indictment is regarded as if it was a separate indictment.” State v. Allessio, 762 A.2d 1190, 1191 (R.I.2000) (quoting Dunn v. United States, 284 U.S. 390, 393 , 52 S.Ct. 189 , 76 L.Ed. 356 (1932)). | 1 | 1 |
Oyler v. Bolesgreen2 sentences1997Following Wayte , a claim of selective prosecution can prevail only if the defendant can prove that the challenged enforcement has both a discriminatory effect and is “deliberately based upon an unjustifiable standard such as race, religion, or some other arbitrary classification,” id. at 608 , 105 S.Ct. at 1581 , 84 L.Ed.2d at 556 (quoting Oyler v. Boles, 368 U.S. 448, 456 , 82 S.Ct. 501, 506 , 7 L.Ed.2d 446, 453 (1962)), “including the exercise of protected statutory and constitutional rights,” Wayte, 470 U.S. at 608 , 105 S.Ct. at 1531 , 84 L.Ed.2d at 556 (citing United States v. Goodwin, 4 1997Following Wayte , a claim of selective prosecution can prevail only if the defendant can prove that the challenged enforcement has both a discriminatory effect and is “deliberately based upon an unjustifiable standard such as race, religion, or some other arbitrary classification,” id. at 608 , 105 S.Ct. at 1581 , 84 L.Ed.2d at 556 (quoting Oyler v. Boles, 368 U.S. 448, 456 , 82 S.Ct. 501, 506 , 7 L.Ed.2d 446, 453 (1962)), “including the exercise of protected statutory and constitutional rights,” Wayte, 470 U.S. at 608 , 105 S.Ct. at 1531 , 84 L.Ed.2d at 556 (citing United States v. Goodwin, 4 | 1 | 1 |
United States v. Goodwingreen2 sentences1997Following Wayte , a claim of selective prosecution can prevail only if the defendant can prove that the challenged enforcement has both a discriminatory effect and is “deliberately based upon an unjustifiable standard such as race, religion, or some other arbitrary classification,” id. at 608 , 105 S.Ct. at 1581 , 84 L.Ed.2d at 556 (quoting Oyler v. Boles, 368 U.S. 448, 456 , 82 S.Ct. 501, 506 , 7 L.Ed.2d 446, 453 (1962)), “including the exercise of protected statutory and constitutional rights,” Wayte, 470 U.S. at 608 , 105 S.Ct. at 1531 , 84 L.Ed.2d at 556 (citing United States v. Goodwin, 4 1997Following Wayte , a claim of selective prosecution can prevail only if the defendant can prove that the challenged enforcement has both a discriminatory effect and is “deliberately based upon an unjustifiable standard such as race, religion, or some other arbitrary classification,” id. at 608 , 105 S.Ct. at 1581 , 84 L.Ed.2d at 556 (quoting Oyler v. Boles, 368 U.S. 448, 456 , 82 S.Ct. 501, 506 , 7 L.Ed.2d 446, 453 (1962)), “including the exercise of protected statutory and constitutional rights,” Wayte, 470 U.S. at 608 , 105 S.Ct. at 1531 , 84 L.Ed.2d at 556 (citing United States v. Goodwin, 4 | 1 | 1 |
Bulkeley v. Worthington Ecclesiastical Societygreen1 sentence1918Bulkeley v. Worthington Ecclesiastical Society, 78 Conn. 526, 531, 532 . | 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 |
|---|---|---|
Strickland v. Washington
green
2 sentences2009This Court follows the standard set forth by the United States Supreme Court in Strickland v. Washington , 466 U.S. 668 (1984), "to determine when a defendant should be granted relief from a conviction because of ineffective assistance of counsel." Brown v. State , 694 A.2d 512 , 527 (R.I. 2009). 2005In evaluating claims of ineffective assistance of counsel, the Court follows the standard enumerated in the seminal United States Supreme Court decision of Strickland v. Washington, 466 U.S. 668 (1984). | 2 | 2005–2009 |
Smith v. Boyd
green
2 sentences2002As a result, this Court follows the rule of law that was enunciated in Greensleeves regarding reference to future instruments and the effect it has upon the intent to contract. 1 The defendant also relies on language in Smith, 553 A.2d 131 (R.I. 1989), wherein the Court stated that if a party "neither had nor signified such an intention to close a contract until it was fully expressed in a written instrument and attested by signatures, then he will not be bound until the signatures are affixed." Id. at 134 . 2002As a result, this Court follows the rule of law that was enunciated in Greensleeves regarding reference to future instruments and the effect it has upon the intent to contract. 1 The defendant also relies on language in Smith, 553 A.2d 131 (R.I. 1989), wherein the Court stated that if a party "neither had nor signified such an intention to close a contract until it was fully expressed in a written instrument and attested by signatures, then he will not be bound until the signatures are affixed." Id. at 134 . | 2 | 2001–2002 |
Warwick Housing Authority v. McLeod
green
1 sentence2023“When a specific statute conflicts with a general statute, our law dictates that precedence must be given to the - 13 - specific statute.” South County Post & Beam, Inc. v. McMahon, 116 A.3d 204, 215 (R.I. 2015) (quoting Warwick Housing Authority v. McLeod, 913 A.2d 1033 , 1036- 37 (R.I. 2007)). “[I]t is a ‘general rule of statutory construction that when a statute of general application conflicts with a statute that specifically deals with a special subject matter, and when the two statutes cannot be construed harmoniously together, the special statute prevails over the statute of general app | 1 | 2023–2023 |
Felkner v. Chariho Regional School Committee
green
1 sentence2023This Court follows the rule of statutory construction that, when faced with “competing statutory provisions that cannot be harmonized, we adhere to the principle that ‘the specific governs the general * * *.’” Felkner, 968 A.2d at 870 (quoting Morales v. Trans World Airlines, Inc., 504 U.S. 374, 384 (1992)). | 1 | 2023–2023 |
Dunn v. United States
green
2 sentences2015Each count in an indictment is regarded as if it was a separate indictment.” State v. Allessio, 762 A.2d 1190, 1191 (R.I.2000) (quoting Dunn v. United States, 284 U.S. 390, 393 , 52 S.Ct. 189 , 76 L.Ed. 356 (1932)). 2015Each count in an indictment is regarded as if it was a separate indictment.” State v. Allessio, 762 A.2d 1190, 1191 (R.I.2000) (quoting Dunn v. United States, 284 U.S. 390, 393 , 52 S.Ct. 189 , 76 L.Ed. 356 (1932)). | 1 | 2015–2015 |
Bustamante v. Wall
green
1 sentence2005Bustamante, 866 A.2d at 522 . | 1 | 2005–2005 |
Wayte v. United States
green
2 sentences1997When reviewing a claim of selective prosecution, this Court follows the rule of law announced by the United States Supreme Court in Wayte v. United States, 470 U.S. 598 , 105 S.Ct. 1524 , 84 L.Ed.2d 547 (1985). 1997When reviewing a claim of selective prosecution, this Court follows the rule of law announced by the United States Supreme Court in Wayte v. United States, 470 U.S. 598 , 105 S.Ct. 1524 , 84 L.Ed.2d 547 (1985). | 1 | 1997–1997 |
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.