second element test (Rhode Island) · Go Syfert
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second element test in Rhode Island

6 Rhode Island opinions name it 2 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 (4)

CaseFollowedCited
State v. Bibeegreen
ri · 1989 · cited in 1 Rhode Island opinions naming this issue, 2013–2013
1 sentence

2013When ruling on the effect of the prosecution’s failure to disclose the photographs, the trial justice stated that he “certainly [did not] see anything” that would have led him to “find that [the prosecutor] did anything intentional in withholding that material.” We perceive no basis for holding that the trial justice erred in finding that the nondisclosure was inadvertent; and, therefore, “the second element of the test, prejudice to the opposing party, controls our inquiry.” See State v. Bibee, 559 A.2d 618, 621 (R.I.1989); see also State v. Pona, 810 A.2d 245, 250 (R.I.2002) (noting that san

11
State v. Ponagreen
ri · 2002 · cited in 1 Rhode Island opinions naming this issue, 2013–2013
1 sentence

2013When ruling on the effect of the prosecution’s failure to disclose the photographs, the trial justice stated that he “certainly [did not] see anything” that would have led him to “find that [the prosecutor] did anything intentional in withholding that material.” We perceive no basis for holding that the trial justice erred in finding that the nondisclosure was inadvertent; and, therefore, “the second element of the test, prejudice to the opposing party, controls our inquiry.” See State v. Bibee, 559 A.2d 618, 621 (R.I.1989); see also State v. Pona, 810 A.2d 245, 250 (R.I.2002) (noting that san

11
State v. Vocaturagreen
ri · 2007 · cited in 1 Rhode Island opinions naming this issue, 2013–2013
1 sentence

2013We have recognized that “the purpose of Rule 16 is to ferret out procedural, rather than substantive prejudice * * *.” Vacatura, 922 A.2d at 119 (internal quotation marks omitted).

11
Goyette v. Sousagreen
ri · 1959 · cited in 1 Rhode Island opinions naming this issue, 1980–1980
2 sentences

1980See Goyette v. Sousa, 90 R.I. 8, 16-17 , 153 A.2d 509, 514 (1959).

1980See Goyette v. Sousa, 90 R.I. 8, 16-17 , 153 A.2d 509, 514 (1959).

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 (3)

CaseCitedYears
State v. Concannon green
ri · 1983
2 sentences

1992“In these situations, we must move to the second element of the test, which is prejudice to the opposing party.” Id.

1989Concannon, 457 A.2d at 1354 .

21989–1992
State v. Morejon green
ri · 1992
1 sentence

2003Id.

12003–2003
State v. Coelho green
ri · 1982
1 sentence

1983Although the result in State v. Coelho, supra, was produced by the combination of several circumstances discussed in that opinion, Rule 16, as we said, is designed to prevent “procedural” rather than “substantive” prejudice.

11983–1983

Where else courts name it

NC 65 (1995–2019) OH 55 (1983–2026) CA 38 (1957–2026) TX 33 (1961–2025) IL 21 (1989–2026) UT 13 (2000–2024) WI 12 (1980–2024) NM 11 (2004–2024) NY 11 (1976–2026) ID 11 (1966–2021) WY 9 (1992–2016) WA 9 (1992–2024) MI 8 (1972–2023) GA 7 (1993–2018) MA 7 (2000–2021) IA 6 (1980–2023) RI 6 (1980–2013) MO 6 (1992–2014) IN 6 (1982–2025) PA 6 (1982–2022) DE 5 (1975–2025) MD 5 (1994–2019) VA 5 (1989–2023) CT 4 (2002–2025) TN 4 (1954–2007) DC 4 (1981–2025) CO 3 (1983–2024) AL 3 (1980–2024) OR 3 (1985–2026) NJ 3 (2010–2021) AZ 3 (2006–2017) ME 2 (2005–2021) FL 2 (1984–2000) SD 2 (1986–2025) LA 2 (2006–2016) ND 2 (1982–2000) HI 2 (1995–1995)

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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