Rhode Island Case Commentaries

Forward-Looking Rent-Deposit Rule in Residential Eviction Appeals; Possession Statutes Inapplicable After Tenant Vacates

Date: May 24, 2026

Forward-Looking Rent-Deposit Rule in Residential Eviction Appeals; Possession Statutes Inapplicable After Tenant Vacates 1. Introduction In Pioneer Investments, LLC v. Nicole McKiernan (R.I. May 22,...

Res Judicata Bars Later Civil-Rights Damages Claims Not Raised in a Quasi-Judicial CACFP Administrative Review

Date: May 22, 2026

Res Judicata Bars Later Civil-Rights Damages Claims Not Raised in a Quasi-Judicial CACFP Administrative Review Introduction In El Bebe Day Care Center, Inc. v. Rhode Island Department of Elementary...

Legal Malpractice: Limitations Period Runs No Later Than Termination/File Transfer; Discovery Rule Barred by Objective Notice and Sham Affidavit

Date: May 22, 2026

Legal Malpractice: Limitations Period Runs No Later Than Termination/File Transfer; Discovery Rule Barred by Objective Notice and Sham Affidavit 1. Introduction In John H. Williams et al. v....

Rhode Island “Each Person” Policy Limit Caps All Derivative Loss-of-Consortium/Wrongful-Death Damages When Only One Person Sustains Bodily Injury

Date: May 22, 2026

Rhode Island “Each Person” Policy Limit Caps All Derivative Loss-of-Consortium/Wrongful-Death Damages When Only One Person Sustains Bodily Injury 1. Introduction In GEICO General Insurance Company v....

State v. Pinkerton—Holistic Probable Cause for Cell-Phone Records and Voluntary Buccal-Swab Consent Assessed by Totality of Circumstances

Date: May 22, 2026

State v. Pinkerton—Holistic Probable Cause for Cell-Phone Records and Voluntary Buccal-Swab Consent Assessed by Totality of Circumstances 1. Introduction State v. Isaiah Pinkerton (R.I. May 19, 2026)...

Competent Evidence—Not Allegations—Is Required to Defeat Summary Judgment in Mortgage Servicing Disputes

Date: May 20, 2026

Competent Evidence—Not Allegations—Is Required to Defeat Summary Judgment in Mortgage Servicing Disputes 1. Introduction In Arturo P. Batac v. Wells Fargo Home Mortgage et al. (R.I. May 18, 2026),...

Strict-Compliance Rule Confined to Paragraph 22 Default Notices; Post-Acceleration Language Does Not “Overshadow” a Compliant Notice

Date: May 20, 2026

Strict-Compliance Rule Confined to Paragraph 22 Default Notices; Post-Acceleration Language Does Not “Overshadow” a Compliant Notice 1. Introduction In Frank Diaz et al. v. Select Portfolio Servicing...

Rule 6(c) Strictness in Summary Judgment: Unfiled/Unserved Affidavits Cannot Support Judgment

Date: May 19, 2026

Rule 6(c) Strictness in Summary Judgment: Unfiled/Unserved Affidavits Cannot Support Judgment Introduction In American Express National Bank v. Anna Perretta (R.I. May 15, 2026), the Supreme Court of...

Probation-Violation Sentencing in Rhode Island: Hearing Justice May Weigh Both the Original Felony and the Triggering Misconduct When Executing a Suspended Sentence

Date: May 10, 2026

Probation-Violation Sentencing in Rhode Island: Hearing Justice May Weigh Both the Original Felony and the Triggering Misconduct When Executing a Suspended Sentence I. Introduction In State v....

State v. Miguel Lacourt — No Voluntary Manslaughter Instruction Absent Minimal Evidence that the Decedent Adequately Provoked the Killing (and Where Time to Cool Off Exists)

Date: May 10, 2026

No Voluntary Manslaughter Instruction Absent Minimal Evidence that the Decedent Adequately Provoked the Killing (and Where Time to Cool Off Exists) Case: State v. Miguel Lacourt Court: Supreme Court...

Effect-on-the-Listener Statements Are Nonhearsay When Offered to Explain a Complainant’s Departure

Date: May 4, 2026

Effect-on-the-Listener Statements Are Nonhearsay When Offered to Explain a Complainant’s Departure Introduction In State v. William Gilbert, the Rhode Island Supreme Court affirmed the defendant’s...

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...