OPINION Chief Justice SUTTELL , for the Court. A wise jurist once wrote. "This is a hard case — hard not in the sense that it is legally difficult or tough to crack, but in the sense that it requires us * * * to deny relief to a plaintiff for whom we have considerable sympathy. We do what we must, for `it is the duty of all courts of justice to take care, for the general good of the community, that hard cases do not make bad law.'" Burnham v. Guardian Life Insurance Co. of America,...
OPINION Justice GOLDBERG , for the Court. General Laws 1956 12-19-18 was amended by the General Assembly in 2010, see P.L. 2010, ch. 311, 1, to provide that a sentence of imprisonment after a finding of probation violation shall be quashed, and the imprisonment terminated, in certain circumstances occurring after a judgment of probation violation is entered by a justice of the Superior Court. See 12-19-18(b). 1 In this appeal, we are called upon to determine whether this case —...
OPINION Justice FLAHERTY , for the Court. The respondent, Kyle A., appeals from an adjudication that he was delinquent for engaging in second-degree child molestation sexual assault in violation of G.L.1956 11-37-8.3. The respondent also was ordered to register as a sex offender. On appeal, the respondent argues that there was insufficient evidence to support the trial justice's finding that he touched the complainant for the purposes of sexual gratification and, therefore, it was error...
OPINION Justice INDEGLIA , for the Court. The Providence Journal Company and Amanda Milkovits (collectively, the Journal or plaintiffs), seek review of an order granting summary judgment entered against them and in favor of the Rhode Island Department of Public Safety, the Rhode Island State Police, and Steven G. O'Donnell, in his capacity as the Commissioner of the Rhode Island Department of Public Safety and Superintendent of the Rhode Island State Police (collectively, defendants). The...
OPINION Justice GOLDBERG , for the Court. This case came before the Supreme Court on December 1, 2015, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. The defendant, Curtis M. Isom (Isom or defendant), appeals from a judgment of conviction after a jury trial of one count of breaking and entering. Before this Court, the defendant argues that the trial justice erred in: (1) denying his motion for a...
OPINION Chief Justice SUTTELL , for the Court. The defendant, Craig Van Dongen, was found guilty of domestic simple assault and domestic disorderly conduct by a Superior Court justice sitting without a jury. He now appeals from the judgment of conviction, arguing that the trial justice erred by: (1) overlooking and misconceiving material evidence; (2) failing to apply the correct burden of proof with respect to his claim of self-defense; (3) barring evidence and cross-examination as to...
OPINION Justice GOLDBERG , for the Court. The defendant, Luis Roldan, was convicted of felony assault with a dangerous weapon, discharging a firearm while committing a crime of violence, and carrying a handgun without a license. On appeal, he contends that the trial justice erred in denying his motion for a new trial. For the following reasons, we affirm the judgment of conviction. Facts and Travel The genesis for the crimes of which defendant stands convicted was a love-triangle feud...
OPINION Justice FLAHERTY , for the Court. The defendant, Barry Offley, appeals to this Court, seeking to vacate his convictions for the execution-style murder of Jessica Imran and the serious wounding of Julie Lang. For the reasons set forth in this opinion, we affirm the judgment of the Superior Court. 1 Facts and Travel By July 26, 2006, Alonzo Shelton had been involved in an intermittent seven-year relationship with Brenda Alvarez. Although he listed his sister's apartment in...
OPINION Justice INDEGLIA , for the Court. On October 6, 2011, a Washington County Superior Court jury found the defendant, Kimberly Fry (defendant or Kimberly), guilty of second degree murder of her eight-year-old daughter in violation of G.L. 1956 11-23-1. On May 22, 2012, the trial justice sentenced the defendant to a term of forty years' imprisonment, with twenty years to serve and the remaining twenty years suspended, with probation. On appeal, the defendant contends that the trial...
