SU-2021-0037-MP
SU-2021-0038-MP |
Newport School Committee v. Rhode Island Department of Education, et al.
Cumberland School Committee v. RI Council on Elementary and Secondary Education et al. |
In these consolidated matters, DCYF is seeking review by certiorari of a Superior Court final judgment reversing decisions of the Rhode Island Council on Elementary and Secondary Education. The issues revolve around the amount of money the respondent school committees were required to reimburse DCYF for educational services provided to children in DCYF care. |
| SU-2021-314-MP |
Gary Tassone v. State of Rhode Island |
The petitioner seeks review of a judgment denying his application for postconviction relief. The petitioner argues that the hearing judge erred in rejecting his claim of ineffective assistance of counsel based on several alleged failures on the part of trial counsel. |
| SU-2022-276-MP |
Christopher Thornton v. State of Rhode Island |
The state seeks review of a judgment granting in part petitioner’s application for postconviction relief. The state argues that the postconviction hearing judge erred in vacating two of petitioner’s convictions based on her conclusion that the trial judge erred in failing to define two specific terms when delivering jury instructions. |
| SU-2023-0075-C.A. |
State of Rhode Island v. Matthew Peckham |
Defendant appeals from a judgment of conviction on three counts of assault with a dangerous weapon, one count of conspiracy to commit assault with a dangerous weapon, one count of drive-by shooting, and one count of conspiracy to commit a drive-by shooting. He contends that the judge erred in refusing to permit the admission of a witness’s juvenile record and in prohibiting cross-examination of this witness on her juvenile record, as well as in denying his motions for judgment of acquittal and new trial. |
| SU-2023-0082-M.P. |
Dana Gallop v. State of Rhode Island |
This case is before the Court on a petition for writ of certiorari by the petitioner, from a judgment denying his application for postconviction relief. Before this Court, petitioner asserts that the hearing judge erred: (1) in considering witness credibility when passing on petitioner’s motion for summary disposition of his application; and (2) in finding that the state had not impermissibly failed to disclose exculpatory evidence concerning eyewitness involvement in the witness protection program. |
SU-23-130-CA
SU-23-131-CA |
State of Rhode Island v. Joseph Shepard |
These cases are before the Court on appeal by the defendant, from judgments of conviction of probation violation in two underlying cases. On appeal, defendant asserts that the violation hearing judge erred: (1) in limiting defendant’s use of leading questions with a defense witness; (2) in sentencing as he did; (3) in arbitrarily and capriciously citing facts contradicted by the record; and (4) in arbitrarily and capriciously ignoring defendant’s expert’s testimony. |
| SU-2023-0147-M.P., SU-2023-0100-M.P. |
Miguel Davis v. State of Rhode Island |
These consolidated matters are before the Court on the petitions for writ of certiorari of the postconviction relief applicant. Petitioner was convicted on one count of first-degree murder, one count of discharging a firearm during the commission of a crime of violence, and one count of carrying a firearm without a license, for which he received consecutive life sentences, and a 10-year term, to be served concurrently with the first life sentence. He asserts that the postconviction relief judge erred in denying his claim of ineffective assistance of his trial counsel. He argues that counsel was ineffective because he failed to move for a mistrial after the prosecutor detailed the contents of a purported witness’s testimony in his opening statement and the witness subsequently invoked his Fifth Amendment privilege. Thereafter, trial counsel was barred from making an “Empty Chair” argument in his closing. |
| SU-2023-0214-M.P., SU-2023-0219-M.P. |
GD Richmond Beaver River I, LLC v. Town of Richmond Zoning Board of Review |
In these consolidated petitions for certiorari, intervenor John Peixinho contends that the Superior Court erred in interpreting the town zoning ordinance as requiring only a portion of the proposed solar energy system to be within two miles of a utility substation, instead of the entire solar energy system. The town contends that the Superior Court erred in overturning the zoning board’s decision that the zoning project was inconsistent with the comprehensive plan and had a negative impact on the area’s potential inclusion on the National Register of Historic houses. |
| SU-2023-0237-C.A. |
State of Rhode Island v. Leron Porter |
A jury found the defendant guilty of second-degree murder and related charges. On appeal, the defendant argues that the trial court erred in allowing the prosecution to exercise a peremptory challenge based on race, in denying his motion for a new trial, and in relying on unreliable and prejudicial evidence. |
SU-2023-0251-A.
SU-2024-246-A. |
Rhode Island Joint Reinsurance Association v. Brenda Ricci |
The defendants in these consolidated cases appeal from a judgment entered in favor of the plaintiff on the ground that the defendants’ vandalism claim was not covered by their insurance. The defendants contend that the jury’s verdict was against the weight of the evidence. They also contend that the jury instructions and verdict form were incorrect. In addition, the defendants argue that their motion in limine to prevent submission of evidence on fraud should have been granted and deposition testimony of an unavailable witness pertaining to fraud should have been excluded. |
| SU-2023-0255-C.A. |
State of Rhode Island v. Johnny Xaykosy |
A jury found the defendant guilty of second-degree murder and a related charge. On appeal, the defendant argues that the trial justice erred in denying his request for a jury instruction on the issue of whether his actions constituted voluntary manslaughter. |
| SU-2023-0288-CA |
State v. Nelson Carreiro |
The defendant appeals from a judgment of conviction on two counts of first-degree child molestation. The defendant claims that the trial justice erred in: (1) denying defendant’s motion to suppress statements made in violation of defendant’s Fifth Amendment rights; and (2) denying defendant’s motion for judgment of acquittal because the evidence was not sufficient to establish penetration beyond a reasonable doubt. |
| SU-2023-0299-A. |
Ana Varela v. Daniel Monteiro |
The defendant appeals from the denial of his motion to vacate a judgment of divorce. The defendant claims that the court did not have jurisdiction to enter the final judgment of divorce and the decision pending entry of final judgment on the same day. |
| SU-2023-0308-M.P. |
Terrel Barros v. State of Rhode Island |
The state seeks review by certiorari of a postconviction ruling that vacated the conviction of Terrel Barros based on ineffective assistance of counsel, newly discovered evidence, and due process violations. |
| SU-2023-0353-A. |
Nicholas DiBiccari v. State of Rhode Island et al. |
The plaintiff appeals from the dismissal of his declaratory judgment action against the state for failure to exhaust administrative remedies. This case involves an application to DEM for an on-site wastewater treatment system, which DEM denied because groundwater was too close to the surface. |
| SU-2023-371-A. |
John Majeika et al. v. State of Rhode Island et al. |
Plaintiffs appeal from the dismissal of their complaint for declaratory judgment and for compensation for an alleged regulatory taking and for injunctive relief. Their application for an on-site wastewater treatment system was denied because groundwater was too close to the surface. The complaint was dismissed on several grounds, including statute of limitations, failure to exhaust administrative remedies, and lack of standing. |
SU-2024-0009-M.P.
SU-2024-0027-M.P. |
Harrisburg Associates, LLC, et al. v. The City of Providence, et al. |
Petitioners challenge an order granting the Providence City Council’s motion to intervene in a case in which other city entities, including the tax assessor, had negotiated a deal with some petitioners, whose property would receive a beneficial tax rate in exchange for setting aside a certain number of units for affordable housing.. At issue is the timeliness of the motion to intervene and the standing of the tax assessor to approve the deal without approval from the city council. |
SU-2024-10-M.P.
SU-2024-87-M.P. |
Asa S. Davis, III v. Town of Exeter, et al.
Asa S. Davis, III, et al. v. Town of Exeter, et al. |
The petitioner, the town of Exeter, seeks review by certiorari of Superior Court orders denying the town’s motion to dismiss on the grounds of res judicata in No. 24-10-M.P. and denying the town’s motion for judgment on the pleadings on the basis of res judicata in No. 24-87-M.P. At issue in both cases is the plaintiff’s attempt to get approval for a solar project. The town contends that respondent’s claims in both cases could have been raised in earlier cases. |
SU-2024-0023-A.
SU-2024-0024-A. |
In re E.G.S. |
These cases are before the Court on appeal by the respondent from orders finding him to be delinquent on two counts of first-degree child molestation. Respondent was ordered confined to the Rhode Island Training School for Youth until his 19th birthday, with the sentences suspended, with probation. Additionally, this juvenile was ordered to register as a sex-offender for a period of 15 years. Before this Court, the respondent asserts that the Family Court judge erred: (1) in finding him competent to stand trial; and (2) in ordering him to register as a sex offender for 15 years. |
SU-2024-0030-A.
SU-2024-0031-A. |
Bank of America, N.A., as Trustee of the Harold W. Wood and Gertrude B. Wood Trust, the Marion Law Trust, the John F. Preston Charitable Trust, the E. Russell Richardson Trust, and the William F. Sayles Endowment Fund v. Peter F. Neronha, Attorney General of the State of Rhode Island, et al. |
These consolidated appeals arise from a miscellaneous petition filed by Bank of America, N.A., acting as trustee on behalf of five trusts and asking the court to reform the trusts and apply the doctrine of cy près to the trusts in the wake of the demise of the original beneficiary, the Memorial Hospital of Pawtucket. |
| SU-2024-44-C.A. |
State v. Jean de la Rosa |
This case is before the Court on appeal by the defendant from a judgment of conviction on two counts of first-degree child abuse. On appeal, defendant asserts that the trial judge erred: (1) in denying defendant’s motion for judgment of acquittal, given that the state failed to present evidence consistent with the bill of particulars; and (2) in denying his motion to suppress his statement given to the Johnston police. |
| SU-2024-0057-C.A. |
State v. Francisco Vasquez |
The defendant was convicted on one count of first-degree sexual assault. He was sentenced to 25 years, with 12 years to serve, and 13 years suspended with probation. The defendant contends that the trial judge erred in refusing to strike the testimony of a supervisor at the Rhode Island Forensic Biology and DNA Lab who did not actually perform the DNA tests in issue but supervised an employee who did the tests and was unavailable to testify. |
SU-2024-66-A.
SU-2024-72-A. |
Julie DeOliveira and Maxine DeOliveira v. Greg Trecaso Alias; Greg Trecaso d/b/a GCT Transport; Star Insurance Company; and John Doe, Alias |
In the primary appeal before the Court, the plaintiffs appeal from the denial of their motion for a new trial and other alleged errors at trial in this personal injury. In a cross-appeal, defendant Star Insurance cross-appeals from the denial of its motion for judgment as a matter of law (No. 24-72-A.). |
| SU-2024-0104-C.A. |
State of Rhode Island v. Isaiah Pinkerton |
A jury found the defendant guilty of murder and related charges. On appeal, the defendant argues that the trial justice erred in denying a motion to suppress cellular records and motion to suppress DNA evidence. |
| SU-2024-0108-A. |
Porch Swing Holdings, LLC v. Wayne A. Mallory et al. |
Defendants appeal from an order granting plaintiff’s motion for partial summary judgment. The defendants contend that summary judgment was erroneously granted because the plaintiff admitted that it did not know the whereabouts of the promissory note. The defendants contend that the plaintiff, as mortgagee, could not foreclose under an agency theory for the note holder, as the note has been lost. The defendants also assert that the hearing justice made impermissible findings of fact. |
| SU-2024-114-A. |
Guy Desantis v. Tracy Loignon (f/k/a Tracy Desantis) |
The defendant appeals from an order that was entered in this post-final-judgment dispute over enforcement of a marital settlement agreement, which addressed disposition of the marital domicile. The judge ordered the property sold forthwith and determined how the proceeds would be distributed, and the parties were ordered to try to reach a mutual agreement regarding attorney’s fees for plaintiff. |
| SU-2024-127-A. |
PACE Organization of Rhode Island v. Sarah Frew, in her capacity as Tax Assessor for the City of East Providence |
The plaintiff, PACE Organization of Rhode Island, appeals from a Superior Court summary judgment in favor of defendant, the tax assessor for East Providence. PACE-RI contends that it is entitled to an exemption from property taxes in accordance with G.L. 1956 § 44-3-3(a)(12), because its property is held for the aid or support of the aged poor. |
| SU-2024-134-M.P. |
Robert Schmidt and Mary Schmidt v. R.I. Division of Taxation |
The Rhode Island Department of Revenue Division of Taxation (the Division), seeks review of a decision of the District Court in favor of respondents, in this administrative appeal. The case before the Court turns on interpretation of language in § 44-30-87(a). Specifically, the issue involves the method for calculating the three-year period that limits the amount of tax refund. The trial judge decided that § 44-30-87(a) was ambiguous and that the Division’s interpretation was erroneous. |
| SU-2024-0143-M.P. |
Thomas and Cynthia Sculco v. Town of Hopkinton Zoning Board of Review sitting as the Board of Appeal, et al. |
The petitioner, RI-95, LLC, filed a petition for the issuance of a writ of certiorari seeking review of a Superior Court judgment reversing the Hopkinton Zoning Board of Review’s (zoning board) approval of RI-95’s master plan application for a solar facility. RI-95 contends that the Superior Court erred in interpreting the town zoning ordinance as not permitting a solar facility on its property (according to the zoning ordinance in effect at the time of its application in 2020). RI-95 also contends that the Superior Court erred in determining that it could not rely upon equitable estoppel for its application. |
| SU-2024-144-A. |
Carol Williams, et al. v. Avco Corporation |
This case is before the Court on appeal by the plaintiffs from summary judgement in favor of defendant. The underlying litigation arose out of a fatal plane crash in Mississippi in which three people were killed. Plaintiffs, family members of people killed in the plane crash, filed a products liability suit against Avco all based on their claim that Avco supplied the small aircraft with a defective engine part. On appeal, plaintiffs assert that the trial judge erred: (1) in limiting the scope of discovery and denying plaintiffs’ motions to compel; (2) in granting defendant’s motion for summary judgment; and (3) in violating plaintiffs’ right to justice under Article 1, § 5 of the Rhode Island Constitution. |
| SU-2024-0146-C.A. |
State v. Isaiah Ortiz |
The defendant appeals from a judgment of conviction on one count of carrying a firearm without a license. He challenges his conviction on Second Amendment grounds, asserting that the state’s gun permitting scheme, which prohibits 18–20-year-old adults from carrying concealed firearms, violates the U.S. Constitution. |
| SU-2024-149-A. |
Louis Paolino v. Joseph Ferreira |
The remaining plaintiffs appeal from an amended judgment in favor of defendants, following a second jury trial on the plaintiffs’ complaint. That complaint alleged that defendants, who own abutting property in Cumberland on which they operated an automotive recycling facility, were responsible for environmental contamination on plaintiffs’ property. The plaintiffs raise two issues: (1) the sufficiency of a curative instruction regarding defendants’ counsel’s opening statements and (2) the allowance of expert testimony that plaintiffs allege was not disclosed in violation of Rule 33(c) of the Superior Court Rules of Civil Procedure. |
| SU- 2024-153-A., 2024-154-A., 2024-155-A., 2024-156-A., 2024-157-A., 2024-158-A., 2024-159-A., 2024-160-A., 2024-161-A., 2024-162-A., 2024-167-A., 2024-168-A., 2024-169-A., 2024-170-A., 2024-171-A., 2024-172-A., 2024-173-A., 2024-174-A., 2024-175-A., 2024-176-A., 2024-177-A., 2024-247-A., 2024-248-A., 2024-317-A. |
New England Institute of Technology v. Salvatore Saccccio, in his capacity as Tax Assessor, Town of West Warwick |
The defendant, the Tax Assessor for the town of West Warwick, appeals from Superior Court judgments in favor of plaintiff, New England Institute of Technology, finding plaintiff’s property to be exempt from taxation. The plaintiff filed cross-appeals in most of these cases. The cases involve tax appeals filed over the course of several years, in which plaintiff alleged, first, that its property is exempt from taxation, and second, that the assessments were excessive. |
| SU-2024-0203-A. |
1100 North Main, LLC v. Shoreby Hill Properties, Inc. |
This case concerns the purchase and sale of real property and the plaintiff’s claim that it is a third-party beneficiary of a contract between another party, Firefighters Realty Corporation, and the defendant. The plaintiff appeals from a partial final judgment dismissing its action for declaratory judgment, breach of contract, and specific performance. |
| SU-2024-0204-A. |
Belvedere at Bristol Master Condominium Association v. 423 Hope Street Redevelopment, LLC and TAS Development, LLC |
This declaratory judgment action arises from a dispute over the validity of amendments to a master declaration of condominium by the master declarant, defendant 423 Hope Street Redevelopment LLC. A series of amendments effectively changed ownership of the lower, ground level of a two-story parking garage/parking deck from master common elements to master limited common elements and created an easement. |
| SU-2024-0207-C.A. |
State of Rhode Island v. Justin Chandler |
A jury found the defendant guilty of murder and related charges. On appeal, the defendant argues that the trial justice erred in admitting hearsay accusations from the defendant’s girlfriend. |
| SU-2024-209-A. |
Domenic Apostolico v. Deborah M. Pagliaro |
In this family dispute, the defendant appeals from an amended final judgment in favor of the plaintiff, her sibling, in the amount of $38,466.42, which represents the defendant’s one-third share of property and sewer taxes, plus interest, on a single-family home deeded to the parties as joint tenants by their mother, who retained a life estate. Defendant argues that the trial judge erred as a matter of law in determining that she was responsible for property and sewer taxes as a remainderman. She contends that the life tenant, her mother, was responsible for taxes on the property because she lived there. |
| SU-2024-0219-A. |
Yohaira Galindez v. Rhode Island Public Transit Authority |
The plaintiff appeals from a jury verdict in favor of the defendant, the Rhode Island Public Transit Authority. Plaintiff argues that the trial judge erred: (1) with several evidentiary rulings including allowing the use of unauthenticated medical records that contained double hearsay; failing to make an adequate ruling on spoliation of evidence; improperly allowing the use of a prior consistent statement for impeachment purposes; violating Rhode Island Rules of Evidence 403 and 608; allowing plaintiff’s testimony to be impeached with medical records; and allowing the use of misattributed medical records that were plaintiff’s twin sister’s records; (2) in allowing defendant to amend its answer at the eleventh hour to include the affirmative defense of sudden emergency; (3) in dismissing a juror; (4) in her response to a jury question; (5) in the jury instruction regarding duty of care; and (6) in denying plaintiff’s motion for new trial. |
| SU-2024-0223-C.A. |
State of Rhode Island v. Aaron Lewis |
The defendant appeals from a judgment of conviction for two counts of first-degree sexual assault. The defendant contends that the trial judge erred in denying his motion to dismiss, as the uncontroverted evidence at trial indicated that the complainant was not incapacitated. The defendant also contends that the trial judge erred in permitting a nurse’s expert opinion on the complaining witness’s injuries being consistent with forced penetration. The defendant further contends that the trial judge erred in permitting the nurse to provide hearsay testimony concerning the sexual assault. |
| SU-2024-228-A. |
John H. Williams and Warwick Cove Marina Inc. v. Elizabeth McDonough Noonan and Adler, Pollack and Sheehan P.C. |
In this legal malpractice case, the plaintiffs appeal from the entry of summary judgment in favor of the defendants, based on the statute of limitations. On appeal, plaintiffs assert that the trial judge erred because there were disputed issues of material fact that precluded summary judgment as to when the statute of limitations began to run. Plaintiffs also assert error in the trial judge’s conclusion that Mr. Williams did not have standing individually to pursue his claims and that plaintiffs’ legal malpractice claim required an affidavit or testimony of an expert as to the standard of care. |
| SU-2024-0232-M.P. |
Sean M. O’Connell v. Employees Retirement System of Rhode Island |
The defendant petitioned the Court for a writ of certiorari to determine whether the Workers’ Compensation Court has jurisdiction to hear an appeal by the plaintiff from the denial of his application for an accidental disability retirement pension. The plaintiff is a deputy sheriff with the Department of Public Safety. After his application was denied, he appealed to the Workers’ Compensation Court, and the defendant moved, unsuccessfully, to dismiss his appeal based on lack of jurisdiction. The case involves a question of statutory interpretation and the interplay between several related statutory provisions, including G.L. §§ 45-19-1, et seq., 45-21.2-9, and 36-10-14. |
| SU-2024-238-A. |
Frederick Bissinger, et al. v. Morash Family Limited Partnership, et al. |
The defendants appeal from the entry of judgment in favor of the plaintiffs in this declaratory judgment action arising out of a failed real estate transaction. At issue is the interpretation of a purchase and sale agreement for the sale of approximately nine acres of land in Little Compton to the defendants. |
| SU-2024-0253-M.P. |
Cynthia A. Roberge v. Travelers Property & Casualty Company of America |
This case is before the Court pursuant to certified questions of law from the United States Court of Appeals for the First Circuit. The First Circuit asked this Court whether an employee operating her own personal vehicle while in the scope of her employment is considered a named insured under the employer’s auto insurance policy, despite contrary language in the policy and in light of Martinelli v. Travelers Ins. Co., 687 A.2d 443 (R.I. 1996). The First Circuit also asked this Court whether there is a violation of § 27-7-2.1 when an employer’s auto insurance provides liability coverage to employees in the scope of their employment, but does not provide uninsured motorist/underinsured motorist coverage based upon the auto involved. |
| SU-2024-0255-C.A. |
State of Rhode Island v. Wallace Cable |
A jury found the defendant guilty of first-degree child molestation sexual assault. On appeal, the defendant argues that the trial justice erred in allowing a doctor to testify to hearsay statements that were made for the purpose of faking the next step in reporting a claim and did not relate to diagnosis or treatment. |
| SU-2024-263-A. |
Estate of Louis Campagnone by and through its Administrator, Dana Martinelli v. The State of Rhode Island |
The plaintiff appeals from summary judgment entered in favor of the defendant in this slip and fall case involving the Recreational Use Statute, G.L. § 32-6-1, et seq. Before this Court, plaintiff asserts that the trial judge erred because there are genuine issues of material fact as to whether the state willfully failed to warn against a dangerous condition after discovering a user’s peril that implicate the exception to the application of the statute. |
| SU-2024-0265-C.A. |
State of Rhode Island v. Adauris Garcia |
A jury found the defendant guilty of second-degree murder and related charges. On appeal, the defendant argues that the trial justice erred in excluding certain testimony and in denying a motion for a new trial. |
| SU-2024-0269-A. |
Alicia Andrew v. Richard Adorno |
The plaintiff appeals from a judgment of the Superior Court which vacated a District Court judgment granting plaintiff’s complaint for protection from domestic abuse. She argues that because this is a civil claim, the judge erred in applying a clear and convincing burden of proof instead of a preponderance of the evidence burden of proof. |
| SU-2024-278-A. |
Richard Conway v. Amanda Orenberg |
This case is before the Court on appeal by the plaintiff, from two orders entered in the Family Court relative to child support and placement of the two children of the plaintiff and defendant. Before this Court, plaintiff asserts that the Family Court judge erred in entering the orders as consent orders over plaintiff’s objection, without taking any testimony or evidence, and without considering the best interests of the children. |
| SU-2024-0280-C.A. |
State of Rhode Island v. Trequan Barker |
A jury found the defendant guilty of second-degree murder and related charges. On appeal, the defendant argues that the trial justice erred in declining to order a mistrial after the prosecutor impermissibly asked the jury to use the defendant’s post-arrest invocation of his right to remain silent against him. |
| SU-2024-0281-A. |
Linda Perotti v. Albert Scatto |
The Scituate Probate Court determined that it lacked subject matter jurisdiction to determine whether petitioner and the decedent were common law spouses. The Superior Court reversed that decision, ruling that the Probate Court did have jurisdiction to decide that question. Respondent appealed to the Supreme Court, arguing that the judge erred because the enabling legislation found at Rhode Island General Laws 1956 § 8-9-9 does not grant such jurisdiction to Probate Courts. |
| SU-2024-287-A. |
The Providence Community Health Centers, Inc. v. Neal Dupuis, in his capacity as Tax Assessor for the City of Warwick |
The plaintiff appeals from a judgment entered in favor of the city of Warwick in this case involving the interpretation of two tax exemption sections. The plaintiff contends that the Superior Court erred in granting summary judgment in favor of the city when it concluded that the plaintiff was not exempt from property taxes under either G.L. 1956 § 44-3-3(a)(12) or § 44-3-3(a)(70). The plaintiff contends that the tax exemption under § 44-3-3(a)(70) applies to real property owned by the plaintiff anywhere in Rhode Island and is not limited to its Providence real property. The plaintiff also contends that its Warwick property qualifies for the tax exemption under § 44-3-3(a)(12), because it serves the poor. The plaintiff argues that this exemption does not require a nonprofit organization to serve the poor exclusively in order for the exemption to apply. |
| SU-2024-0313-A. |
Fatima Touijer v. Providence Housing Authority, et al. |
The plaintiff appeals pro se from an order dismissing her complaint against the defendants. The plaintiff argues that the Superior Court erred in deciding that the District Court had exclusive jurisdiction over this landlord-tenant dispute. The plaintiff contends that the instant case is not a simple landlord-tenant matter but a case involving civil rights violations, disability discrimination, housing violations, and a governmental agency failing to uphold its legal duties. |
| SU-2024-0324-A. |
Future Contracting & Estimators, LLC v. Maelee Allen, et al. |
Defendant Maelee Allen appeals pro se from a judgment entered in favor of the plaintiff in this book account action. Allen contends that the plaintiff falsely claimed that he performed appraisal work for her. She asserts that plaintiff’s claim was fraudulent. |
| SU-2024-0329-A. |
In re Estate of Harry Fairhurst |
This case is before the Court on appeal by the plaintiffs, co-executors of the Estate of Harry Fairhurst, from a final judgment of the Superior Court, affirming an order of the Cumberland Probate Court that voided the sale of the testator’s real property and remanded the case to the probate court for further proceedings. The probate court had further directed that, if either co-executor wished to exercise his or her option to purchase the property, they needed to file a petition with notice to the remaining devisees, in compliance with General Laws § 33-19-9.
Plaintiffs assert that the Superior Court judge overlooked or misconceived material evidence and misconstrued the specific terms of the decedent’s will, which only required them to notify his children by mail of their option to purchase, and did not require that this notice include the price or other conditions of the sale. |
| SU-2024-0331-A. |
El Bebe Day Care Center, Inc., et al. v. Rhode Island Department of Elementary and Secondary Education, through its chair Patricia DiCenso, in her official capacity only |
Plaintiffs appeal from the Rule 12(b)(6) dismissal of their complaint for civil rights discrimination. They alleged that the defendants discriminated against them in the administration of the Child and Adult Care Food Program. The Superior Court granted defendants’ motion to dismiss on the grounds of res judicata. |
| SU-2024-0340-M.P. |
Pioneer Investments LLC v. Nicole McKiernan |
The defendant seeks review of an order granting the motion to dismiss her appeal in this landlord-tenant case. She argues that the hearing judge erred in dismissing her appeal for failure to pay her rent during the pendency of the appeal. The crux of the matter is how to calculate the starting date, and thus the amount, of the rent owed during the appeal. |
| SU-2024-0347-C.A. |
State of Rhode Island v. Brian Smith |
This case is before the Court on appeal by the pro se defendant, from the denial of his request for declaratory and injunctive relief, filed in the context of an already ongoing criminal proceeding, in which defendant had entered a plea of nolo contendere to two counts of second-degree child molestation. |
| SU-2024-0359-A |
In re G.S. |
The respondent appeals from an amended order certifying the respondent to inpatient treatment at Rhode Island Hospital, including a medication maintenance program. The amended order also provided that the respondent was not competent to make informed decisions about recommended medication and ordered the respondent to follow the recommended treatment plan. The respondent contends on appeal that the District Court erred in ordering him to inpatient treatment and the medication maintenance program. The respondent contends that the testimony of Dr. Yeung was not credible in the proceedings before the District Court. |
| SU-2024-360-A. |
Shiva LLC, Airport Hospitality LLC, Jay Patel v. LandingPartners, LLC, et al. |
The plaintiff appeals pro se from a final judgment dismissing his action against the defendants, LandingPartners, LLC, 1850 Post Road Owner, LLC, and Centreville Bank. The plaintiff contends that the Superior Court erred in dismissing his action on the grounds of res judicata because the elements of res judicata were not demonstrated. He also asserts that the judge would have needed to resort to impermissible fact finding in order to dismiss his first amended complaint. |
| SU-2024-0363-A. |
Maria Abregu v. Yanira Gonzalez |
This case concerns a dispute over home renovations between two pro se litigants. The plaintiff appeals from a ruling in favor of the defendant, and now argues that the Superior Court erred in failing to find that the defendant breached an agreement with the plaintiff to perform additional work at the plaintiff’s house. |
| SU-2024-0387-M.P. |
Luther C. Parente and Eric L. Stewart v. Nelson Lefebvre, in his official capacity as Warden of the Department of Corrections, et al. |
This case presents the Court with a certified question from the United States Court of Appeals for the First Circuit as follows: Whether discrimination claims under the Rhode Island Civil Rights Act of 1990, R.I. Gen. Laws § 42-112-1 to 2, are “actions of tort” under the State Tort Claims Act, R.I. Gen. Laws § 9-31-1(a)? |
| SU-2025-0005-C.A. |
State of Rhode Island v. Victor Tavares |
The defendant appeals pro se from the denial of his motion for new trial. Defendant was convicted by a jury on two counts of first-degree sexual assault, for which he received sentences of 40 years, with 30 years to serve on each sentence, and the remainder suspended, with probation, with the sentences to be run concurrently. He was also convicted on one count of conspiracy to commit sexual assault, for which he received a sentence of 10 years to serve, with this sentence to run concurrently with the other sentences. On appeal, defendant asserts the trial judge erred in denying his motion because: (1) the state violated Superior Court Rule of Criminal Procedure 16(a)(7); (2) a new trial was required in the interest of justice; and (3) his motion was timely. |
| SU-2025-0021-A. |
Clifton Peasley v. City of Providence, by and through its Treasurer, Shomari Husband |
The plaintiff appeals from a final judgment dismissing his declaratory judgment action. The plaintiff contends that the hearing judge erred in applying the doctrine of election of remedies to bar his action. The plaintiff further contends that exhaustion of administrative remedies would have been futile in this case. |
| SU-2025-0026-A. |
Robert D. Hodgson v. Alison E. Richards, Individually and as Co-Trustee of the Jacqueline D. Hodgson Revocable Trust UTD June 15, 2010, et al. |
The plaintiff appeals from an order granting the motion of the defendants, individually and as co-trustees of the Jacqueline D. Hodgson Revocable Trust UTD June 15, 2010, and the trust, to set aside defaults entered against them. Before this Court, plaintiff asserts that the trial judge abused his discretion in vacating the defaults.
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