R.I. Gen. Laws
Rhode Island General Laws

R.I. Gen. Laws § 12-22-1 (2026)

Right to appeal from district to superior court

✓ current as of July 2026
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Every person aggrieved by the sentence of the district court for any offense other than a violation may, within five (5) days after the sentence, appeal from the district court to the superior court for the county in which the division of the district court is situated, by claiming an appeal in the court or in the office of the clerk of the court appealed from or at any of the penal institutions of the state, before any justice of the supreme or superior court, or before a justice or clerk of the court appealed from, or before any of the persons authorized to take bail at the penal institutions.

Notes of Decisions
Cited in 22 cases, 1960–2015 · leading case: State v. McManus, 950 A.2d 1180 (R.I. 2008).
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State v. McManus, 950 A.2d 1180 (R.I. 2008). · cites it 6× “He requested a trial de novo in the Superior Court under G.L. 1956 § 12-22-1 and Rule 37 of the District Court Rules of Criminal Procedure.”
State v. Figuereo, 31 A.3d 1283 (R.I. 2011). · cites it 2× “She then opted to appeal to the Superior Court for a de novo trial, as was her right pursuant to G.L. 1956 § 12-22-1. Thereafter, on October 15 and 16, 2008, a jury trial was held in the Superior Court for Kent County; that trial also resulted in a guilty verdict.”
In Re Lamarine, 527 A.2d 1133 (R.I. 1987). · cites it 3× “1956 (1981 Reenactment) § 12-22-1 and Rule 37 of the District Court Rules of Criminal Procedure, which provide for the appeal of adjudications to the Superior Court, were the proper avenues to be followed in this matter.”
State v. Avila, 415 A.2d 180 (R.I. 1980). · cites it 5× “1956 (1969 Reenactment) § 12-22-1, as amended by P.L.1976, ch. 173, § 5.”
State v. Vinagro, 433 A.2d 945 (R.I. 1981). · cites it 3× “Under the present statutory scheme in Rhode Island, “[e]very person aggrieved by the sentence of the district court for any offense other than a violation may, within five (5) days after such sentence appeal therefrom to the superior court * * General Laws 1956 (1969…”
State v. Holliday, 280 A.2d 333 (R.I. 1971). · cites it 3× “1956 (1969 Reenactment) §12-22-1. In such circumstances the clerk of the division of the District Court in which said defendant was arraigned shall transmit forthwith the record of the case to the clerk of the Superior Court for the county in which the offense was alleged to…”
State v. Thomas H. Matthews, 111 A.3d 390 (R.I. 2015). · cites it 2× “Matthews was first convicted of disorderly conduct after a jury-waived trial in the District Court; pursuant to G.L.1956 § 12-22-1 and Rule 37 of the District Court Rules of Criminal Procedure, defendant exercised his right to a trial de novo in the Superior Court.”
Stone v. State, 685 A.2d 441 (Md. 1996). “§ 7A-290 (1995); Rhode Island, R.I. Gen. Laws § 12-22-1 (1995). Until January 1, 1994, Massachusetts also had a two-tiered trial court system.”
State Ex Rel. City of Providence v. Auger, 44 A.3d 1218 (R.I. 2012). “See § 12-22-1; § 12-22-9. In contrast, if an individual is aggrieved “by the imposition of a fine by the [District [C]ourt upon the finding of a violation,” he or she may petition the Supreme Court for a writ of cer-tiorari to review any alleged errors involved in that…”
Advisory Opinion to the Governor, 394 A.2d 1355 (R.I. 1978). · cites it 2× “” Section 12-22-1 of the General Laws provides for appeals from the District Court to the Superior Court in criminal cases other than violations, while §9-12-10 provides for appeal of civil cases to the Superior Court.”
State v. Mainelli, 543 A.2d 1311 (R.I. 1988). “1956 (1981 Reenactment) § 12-22-1. Prior to the trial, defendant also filed a motion in Superior Court to dismiss the grand-jury indictment, alleging that during the grand-jury proceedings the prosecutor presenting the case engaged in misconduct by way of improper remarks.”
State v. Garvin, 945 A.2d 821 (R.I. 2008). · cites it 2× “The defendant does not challenge the Superior Court’s jurisdiction over criminal appeals from the District Court, which is clear under G.L. 1956 § 12-22-1. Instead, defendant’s argument is a constitutional challenge to the laws and/or regulations relating to the issuance of a…”
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