circumstances principle (Rhode Island) · Go Syfert
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circumstances principle in Rhode Island

6 Rhode Island opinions name it 1 courts 1971–2012 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 (4)

CaseFollowedCited
State v. Tavarezgreen
ri · 1990 · cited in 1 Rhode Island opinions naming this issue, 2012–2012
2 sentences

2012This Court also adheres to the United States Supreme Court's pronouncement in United States v. Cortez, 449 U.S. at 417 , 101 S.Ct. 690 , that, when reviewing the constitutionality of an investigative stop, we must consider the "totality of the circumstances." See Tavarez, 572 A.2d at 278 (adopting totality of the circumstances principle in reviewing the constitutionality of an investigative stop); see also State v. Keohane, 814 A.2d 327, 330 (R.I.2003) (holding that the reasonableness of an officer's suspicions for an investigatory stop are reviewed in light of the totality of the circumstance

2012This Court also adheres to the United States Supreme Court’s pronouncement in United States v. Cortez, 449 U.S. at 417 , 101 S.Ct. 690 , that, when reviewing the constitutionality of an investigative stop, we must consider the “totality of the circumstances.” See Tavarez, 572 A.2d at 278 (adopting totality of the circumstances principle in reviewing the constitutionality of an investigative stop); see also State v. Keohane, 814 A.2d 327, 330 (R.I.2003) (holding that the reasonableness of an officer’s suspicions for an investigatory stop are reviewed in light of the totality of the circumstance

11
State v. Keohanegreen
ri · 2003 · cited in 1 Rhode Island opinions naming this issue, 2012–2012
2 sentences

2012This Court also adheres to the United States Supreme Court's pronouncement in United States v. Cortez, 449 U.S. at 417 , 101 S.Ct. 690 , that, when reviewing the constitutionality of an investigative stop, we must consider the "totality of the circumstances." See Tavarez, 572 A.2d at 278 (adopting totality of the circumstances principle in reviewing the constitutionality of an investigative stop); see also State v. Keohane, 814 A.2d 327, 330 (R.I.2003) (holding that the reasonableness of an officer's suspicions for an investigatory stop are reviewed in light of the totality of the circumstance

2012This Court also adheres to the United States Supreme Court’s pronouncement in United States v. Cortez, 449 U.S. at 417 , 101 S.Ct. 690 , that, when reviewing the constitutionality of an investigative stop, we must consider the “totality of the circumstances.” See Tavarez, 572 A.2d at 278 (adopting totality of the circumstances principle in reviewing the constitutionality of an investigative stop); see also State v. Keohane, 814 A.2d 327, 330 (R.I.2003) (holding that the reasonableness of an officer’s suspicions for an investigatory stop are reviewed in light of the totality of the circumstance

11
Wilkinson v. Veseygreen
ri · 1972 · cited in 1 Rhode Island opinions naming this issue, 1979–1979
2 sentences

1979In Wilkinson v. Vesey, 110 R.I. 606, 631 , 295 A.2d 676, 691 (1972), we described as follows the circumstances under which the doctrine of res ipsa loquitur may be invoked by a plaintiff as an aid in proving circumstantially that he was injured by the negligence of a certain defendant or defendants: (1) the event must be of a kind that ordinarily does not occur in the absence of someone’s negligence; (2) it must be caused by an agency or instrumentality within the exclusive control of the defendant; (3) it must not have been due to any voluntary act or contribution on the part of the plaintiff

1979In Wilkinson v. Vesey, 110 R.I. 606, 631 , 295 A.2d 676, 691 (1972), we described as follows the circumstances under which the doctrine of res ipsa loquitur may be invoked by a plaintiff as an aid in proving circumstantially that he was injured by the negligence of a certain defendant or defendants: (1) the event must be of a kind that ordinarily does not occur in the absence of someone’s negligence; (2) it must be caused by an agency or instrumentality within the exclusive control of the defendant; (3) it must not have been due to any voluntary act or contribution on the part of the plaintiff

11
Roviaro v. United Statesgreen
scotus · 1957 · cited in 1 Rhode Island opinions naming this issue, 1974–1974
2 sentences

1974Roviaro v. United States, 353 U. S. 53, 59-61 , 77 S.Ct. 623, 627-28 , 1 L.Ed.2d 639, 644-45 (1957).

1974Roviaro v. United States, 353 U. S. 53, 59-61 , 77 S.Ct. 623, 627-28 , 1 L.Ed.2d 639, 644-45 (1957).

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 (5)

CaseCitedYears
United States v. Cortez green
scotus · 1981
2 sentences

2012This Court also adheres to the United States Supreme Court’s pronouncement in United States v. Cortez, 449 U.S. at 417 , 101 S.Ct. 690 , that, when reviewing the constitutionality of an investigative stop, we must consider the “totality of the circumstances.” See Tavarez, 572 A.2d at 278 (adopting totality of the circumstances principle in reviewing the constitutionality of an investigative stop); see also State v. Keohane, 814 A.2d 327, 330 (R.I.2003) (holding that the reasonableness of an officer’s suspicions for an investigatory stop are reviewed in light of the totality of the circumstance

2012This Court also adheres to the United States Supreme Court’s pronouncement in United States v. Cortez, 449 U.S. at 417 , 101 S.Ct. 690 , that, when reviewing the constitutionality of an investigative stop, we must consider the “totality of the circumstances.” See Tavarez, 572 A.2d at 278 (adopting totality of the circumstances principle in reviewing the constitutionality of an investigative stop); see also State v. Keohane, 814 A.2d 327, 330 (R.I.2003) (holding that the reasonableness of an officer’s suspicions for an investigatory stop are reviewed in light of the totality of the circumstance

12012–2012
State v. Levitt green
ri · 1977
2 sentences

1981State v. McGehearty, R.I., 394 A.2d 1348 (1978); State v. Levitt, 118 R.I. 32 , 371 A.2d 596 (1977).

1981State v. McGehearty, R.I., 394 A.2d 1348 (1978); State v. Levitt, 118 R.I. 32 , 371 A.2d 596 (1977).

11981–1981
State v. McGehearty green
ri · 1978
1 sentence

1981State v. McGehearty, R.I., 394 A.2d 1348 (1978); State v. Levitt, 118 R.I. 32 , 371 A.2d 596 (1977).

11981–1981
Flint v. Sharkey green
ri · 1970
1 sentence

1971A full discussion of the circumstances under which this rule was established in Flint v. Sharkey, supra, is contained in that case.

11971–1971
Rhode Island Consumers' Council v. Public Utilities Commission green
ri · 1970
1 sentence

1971We therefore hold that all cases pending in the Division of Public Utilities and Carriers prior to May 16, 1969, the effective date of P. L. 1969, chap. 240, are governed by our decision in Rhode Island Consumers’ Council, supra, and that the provisions of P. L. 1969, chap. 240, sec. 8 (now §39-5-1), providing for judicial review by petition for certiorari to this court, shall apply only to cases where the applications for the required certificates are filed after May 16, 1969.

11971–1971

Where else courts name it

NY 217 (1885–2026) CA 186 (1900–2026) PA 128 (1903–2026) IL 121 (1856–2026) TX 117 (1908–2025) OH 78 (1936–2025) FL 64 (1933–2025) WI 62 (1915–2026) NJ 61 (1949–2026) VA 53 (1877–2026) MD 53 (1964–2026) MA 50 (1896–2020) NC 44 (1924–2026) GA 43 (1905–2025) LA 42 (1959–2020) TN 41 (1918–2026) MO 39 (1897–2021) IN 33 (1925–2020) CO 32 (1945–2026) CT 32 (1978–2026) AL 30 (1926–2024) WA 29 (1960–2026) MT 29 (1912–2020) MI 28 (1921–2026) OR 28 (1959–2026) AZ 28 (1963–2026) KY 27 (1916–2026) VT 27 (1913–2026) WY 27 (1934–2026) MN 26 (1949–2024) KS 26 (1926–2025) NE 25 (1932–2026) NM 23 (1990–2023) SD 18 (1940–2024) DC 18 (1973–2026) IA 16 (1915–2023) HI 16 (1925–2021) MS 16 (1921–2020) ND 14 (1930–2012) DE 12 (1977–2026) ID 12 (1925–2024) ME 12 (1965–2026) NV 11 (1948–2026) UT 11 (1985–2024) AR 11 (1956–2001) SC 10 (1925–2024) OK 9 (1910–2021) WV 8 (1940–2026) NH 8 (1973–2021) AK 7 (1976–1996) RI 6 (1971–2012) VI 4 (2006–2024)

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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