Rhode Island Case Commentaries

Ambiguity in Rhode Island Tax-Exemption Statutes Is Resolved in Favor of Taxation: § 44-3-3(a)(12) and the Meaning of “Society”

Date: Apr 29, 2026

Ambiguity in Rhode Island Tax-Exemption Statutes Is Resolved in Favor of Taxation: § 44-3-3(a)(12) and the Meaning of “Society” 1. Introduction In PACE Organization of Rhode Island v. Sarah Frew, in...

State v. Adauris Garcia (R.I. Apr. 27, 2026) Commentary

Date: Apr 29, 2026

Harnois Timing Rule & Rule 33 Orders Must Rest on the Trial Record: Remand Required When a Trial Justice Misconceives Core Facts and Relies on Extra-Record Information 1. Introduction Case: State v....

Rhode Island Supreme Court: Claim-Splitting Bar and Estoppel in Serial Land-Access Litigation

Date: Apr 24, 2026

Claim-Splitting Bar: All Transactionally Related Land-Access Claims Must Be Joined—or Be Dismissed by Res Judicata, Collateral Estoppel, and Judicial Estoppel 1. Introduction In Asa S. Davis, III v....

Appellate Deference to Credibility Findings and the “Record-Only” Rule in Rhode Island Nonjury Contract Appeals

Date: Apr 16, 2026

Appellate Deference to Credibility Findings and the “Record-Only” Rule in Rhode Island Nonjury Contract Appeals 1. Introduction In Maria J. Abregu v. Yanira Gonzalez (R.I. Apr. 13, 2026) (Order), the...

Transition to re:SearchRI: Harmonized Electronic Filing, Public Access, and eNotification Non-Notice Rule

Date: Apr 4, 2026

Transition to re:SearchRI: Harmonized Electronic Filing, Public Access, and eNotification Non-Notice Rule 1. Introduction In re Proposed Amendments to Multiple Court Rules Public Hearing is a Rhode...

Filing Before Age 18 Does Not Preserve Family Court Jurisdiction After the Child Turns 18 (and Nunc Pro Tunc Cannot Create It)

Date: Mar 28, 2026

Filing Before Age 18 Does Not Preserve Family Court Jurisdiction After the Child Turns 18 (and Nunc Pro Tunc Cannot Create It) Case: In re DDH. (R.I. Mar. 25, 2026) | Court: Supreme Court of Rhode...

State v. Trequan Baker: Curative Instructions Cannot Always Cure Doyle Violations Aimed at “Recent Fabrication”

Date: Mar 27, 2026

State v. Trequan Baker: Curative Instructions Cannot Always Cure Doyle Violations Aimed at “Recent Fabrication” 1. Introduction In State v. Trequan Baker (R.I. Mar. 24, 2026), the Rhode Island...

Rule 15 Relation Back Cannot Revive a Complaint Filed Against a Deceased Defendant; § 9-1-21 Provides the Exclusive Timeliness Path

Date: Mar 26, 2026

Rule 15 Relation Back Cannot Revive a Complaint Filed Against a Deceased Defendant; § 9-1-21 Provides the Exclusive Timeliness Path 1. Introduction In Andrea Lynch v. Jason Gardner and Timothy...

Silent Record, No Strickland Relief: Postconviction Applicants Must Reconstruct Counsel’s Strategy and Show Prejudice

Date: Mar 21, 2026

Silent Record, No Strickland Relief: Postconviction Applicants Must Reconstruct Counsel’s Strategy and Show Prejudice Introduction In Gary Tassone v. State of Rhode Island (R.I. Mar. 19, 2026), the...

§ 44-30-87(a) Refund-Cap Rule: Three-Year Limit Runs Forward from Return Filing, Not Backward from Refund Claim

Date: Mar 21, 2026

§ 44-30-87(a) Refund-Cap Rule: Three-Year Limit Runs Forward from Return Filing, Not Backward from Refund Claim I. Introduction In Robert Schmidt et al. v. Rhode Island Division of Taxation. (R.I....

State v. Xaykosy: Voluntary Manslaughter Instruction Requires Minimal Evidence of Heat-of-Passion Provocation; Sentence Challenges Must Begin with Rule 35

Date: Mar 20, 2026

State v. Xaykosy: Voluntary Manslaughter Instruction Requires Minimal Evidence of Heat-of-Passion Provocation; Sentence Challenges Must Begin with Rule 35 1) Introduction In State v. Johnny Xaykosy...

State v. Chandler: Inflammatory Third-Party Text Accusations Are Excludable Under Rule 403 Despite “Context,” and Limiting Instructions May Not Cure

Date: Mar 19, 2026

Rule 403 Limits “Context” Use of Accusatory Texts: Inflammatory Third-Party Messages Predicting a Defendant’s “Future in Jail” Require Exclusion, and Cautionary Instructions May Not Cure State v....

Post-Statutory Acknowledgments of Superior Title Can Defeat “Hostility” in Adverse Possession and Prescription

Date: Mar 19, 2026

Post-Statutory Acknowledgments of Superior Title Can Defeat “Hostility” in Adverse Possession and Prescription 1. Introduction Michelle A. Blechman et al. v. Donald Woodward is a boundary-area...

State Employees Must Appeal State Retirement Board Accidental-Disability Denials in Superior Court, Not the Workers’ Compensation Court

Date: Mar 19, 2026

State Employees Must Appeal State Retirement Board Accidental-Disability Denials in Superior Court, Not the Workers’ Compensation Court Case: Sean M. O'Connell v. Employees' Retirement System of...

Recreational Use Statute Immunity on Public Land Requires Specific Notice of a Known Dangerous Condition—General Cleanliness Concerns Are Insufficient

Date: Mar 13, 2026

Recreational Use Statute Immunity on Public Land Requires Specific Notice of a Known Dangerous Condition—General Cleanliness Concerns Are Insufficient 1. Introduction In Estate of Louis Campagnone,...

OWTS Challenges Require AAD Variance Appeal: No Futility Where AAD Has Independent Variance Authority; Facial Takings Claims Dismissed as Unripe

Date: Mar 13, 2026

OWTS Challenges Require AAD Variance Appeal: No Futility Where AAD Has Independent Variance Authority; Facial Takings Claims Dismissed as Unripe 1. Introduction In Nicholas DiBiccari v. State of...

Permit Denial Is a Discrete Act: No Continuing-Violation Tolling and No Standing for Time-Barred Property Owners’ Prospective Facial Challenges

Date: Mar 8, 2026

Permit Denial Is a Discrete Act: No Continuing-Violation Tolling and No Standing for Time-Barred Property Owners’ Prospective Facial Challenges Case: John D. Majeika et al. v. State of Rhode Island...

Reaffirming Rhode Island’s Narrow Vacatur Standards: “Manifest Disregard” Requires More Than Claimed Error or Unsupported Fraud Allegations

Date: Mar 3, 2026

Reaffirming Rhode Island’s Narrow Vacatur Standards: “Manifest Disregard” Requires More Than Claimed Error or Unsupported Fraud Allegations 1. Introduction Arturo P. Batac v. Verizon (R.I. Mar. 2,...

Cy près in Rhode Island: Donor-Intent Fixed at Creation and “Bona Fide Hospital Care” as the Nearest Feasible Substitute

Date: Feb 22, 2026

Cy près in Rhode Island: Donor-Intent Fixed at Creation and “Bona Fide Hospital Care” as the Nearest Feasible Substitute Supreme Court of Rhode Island (Feb. 20, 2026) — Bank of America, N.A., as...

Disqualification for Potential Conflict Requires a Substantial, Non-Speculative Showing Despite a Defendant’s Waiver

Date: Feb 22, 2026

Disqualification for Potential Conflict Requires a Substantial, Non-Speculative Showing Despite a Defendant’s Waiver I. Introduction Destiny Viera v. State of Rhode Island (R.I. Feb. 20, 2026)...