Every once in a while, a case comes along that turns the sock inside out, like a motion to withdraw a guilty plea where the defendant’s former attorney testifies for the prosecution, or when attorneys sue their former law firms. …
Category: Court Trends
The Ways of Legal Citation for Court Documents in the D.R.I.
The “First Circuit,” “1st Cir.”, “CA1,” “the Circuit,” or “the Court” — these are all ways to refer to the United States Court of Appeals for the First Circuit, depending on the type of citation system. The most common guide…
Speech: the Final Frontier. Are Anonymous Campaign Contributions a Constitutional Right?
Money talks — it usually means that people use money to get their way, or they’re influential and powerful because they have money. But does money literally talk? Will the Supreme Court take us to new worlds and find that…
Reconsidering the Non-Reconsideration of Motions to Reconsider in State Court
The mulligan is one of the great unwritten rules in golf. Smack a duck hook in the water? No problemo, tee up a new ball. Completely whiff with a massive John Daly-esque swing, but the wind pushes the ball one…
Feds say POTato, State says PotATO, Let’s Call The Whole Pleading Thing Off
Federal and state courts each have their own separate rules of civil procedure, but it’s a long-standing tenet of Rhode Island law that state and federal rules with similar language are generally interpreted the same. Heal v. Heal, 762 A.2d…
Reading the Tea Leaves on the Latest Superior Court Judicial Assignments
It’s a new year, and just as the seasons change, so do the calendar assignments for the Justices of the Rhode Island Superior Court. The latest Administrative Order, effective December 31, 2017, is a mix of stare decisis and some…
What’s the Deal with the U.S. District Judge and U.S. Attorney Vacancies?
The United States District Court has been down a judge for over two years, and the U.S. Attorney’s office has sat vacant since March 2017. How did we get here and what’s taking so long? Both positions require Presidential nomination…
It’s Musical Chairs At The District of Rhode Island – Courtroom Style!
Not long ago, you could predict the District of Rhode Island’s courtroom lineup like the Red Sox batting order. David Ortiz and Manny Ramirez batted 3 and 4, and Judge Lisi sat in Courtroom 1, Chief Judge Smith in Courtroom…
Is Justice Robinson The New Great Dissenter?
In recent times, Rhode Island Supreme Court opinions have been chummy affairs. You might see a dissent here and there, but for the most part, the decisions are unanimous. The last robust period of dissent occurred during the colorful tenure…
The Curious Case of U.S. v. Zaninno
High-profile cases get cited all the time by other courts and judges. In the zoning world, Euclid v. Ambler Realty Company, 272 U.S. 365 (1926), is a judicial favorite for the principle that land-use decisions pass constitutional muster when they…