The single issue before this Court in this appeal is whether the trial justice erred when she denied the defendant's motion for a new trial after a jury convicted him of four counts of second-degree child molestation and one count of first-degree child molestation. Because we hold that the trial justice did not err, we affirm the judgment of conviction... I... Facts and Travel... The complaining witness, Katherine,1 was born on September 20, 1993. In July 2006, Katherine lived on Star Street in...  

Before this Court is an appeal from a decision of the East Greenwich Zoning Board of Review (Board). 1875 Division Road, LLC (Appellant) seeks reversal of a December 18, 2007 decision to uphold two "Zoning Violation Notices" (the Notice). Jurisdiction is pursuant to G.L. 1956 § 45-24-69... I... Facts & Travel... Appellant is the owner of two adjacent lots. Lot 81 on Assessor's Plat 12-C, which is approximately 6,400 square feet, is located in East Greenwich, Rhode Island and is...  

This case is before the Court on the Rhode Island Probation and Parole Association's motion to confirm an October 8, 2008 arbitration award. The State simultaneously moves to vacate the award. The dispute arose after the State changed the working hours of a bargaining-unit position. The most recent arbitration award reset the position's hours to their original state and awarded the employees monetary compensation. For the reasons set forth below, the Court confirms the arbitration award in its...  

Before this Court are four separate motions—three motions to dismiss and one motion to adjudge in contempt. Plaintiff Arthur J. Toegemann ("Plaintiff"), pro se, brought suit in tort against Defendants Louise Rich ("Rich"), Louis LaCascio ("LaCascio"), the City of Cranston (the "City"), and the State of Rhode Island (the "State"), seeking $12,000,000 in damages. Defendants LaCascio, the City, and the State move to dismiss pursuant to Super. R. Civ....  

The applicant, William Page, having been previously convicted of first-degree murder and sentenced to life imprisonment without the possibility of parole, appeals to this Court from the Superior Court's denial of his application for postconviction relief. On appeal, Mr. Page contends that his application should have been granted based on what he contends was the ineffective assistance of both his trial counsel and his appellate counsel.1... For the reasons set forth herein, we affirm the...  

Before the Court for decision is a motion brought by The Sherwin Williams Company, NL Industries, Inc., and Millennium Holdings, LLC (collectively, the Defendants) seeking an award of costs incurred during litigation pursuant to Super. R. Civ. P. 54(d) and G.L. 1956 §§ 9-22-5, 9-22-7, 9-22-9, 9-22-15, 9-22-17, 9-22-19, 9-22-20. The Defendants assert that as the prevailing parties in the matter, they are entitled to recover their allowable costs from the State and remain ready to...  

The father (respondent) appeals from a Family Court decree terminating his parental rights with respect to his child, Brook Ann R. (Brook). This case came before the Supreme Court for oral argument pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. After examining the written and oral submissions of the parties, we conclude that this appeal may be resolved without further briefing or argument. For the reasons...  

This case comes before us on the defendant's appeal from two grants of summary judgment entered in accordance with Rule 56 of the Superior Court Rules of Civil Procedure in favor of the plaintiff, David H. Haffenreffer. The defendant, Karl Haffenreffer, raises two principal issues on appeal. First, Karl1 contends that the hearing justice in the Superior Court erred in ruling (a) that an offer document authored by the coexecutors administering the Estate of Carolyn B. Haffenreffer was clear and...  

This matter is presently before the Court for decision on Defendant's motion to dismiss the within Information (charging him with possession of child pornography) on the grounds that:... 1. Section 11-9-1.3 of the Rhode Island General Laws is unconstitutionally overbroad in violation of the First and Fourteenth Amendments to the United States Constitution;... 2. A similar federal statute criminalizing possession of child pornography was declared unconstitutional in Ashcroft v. The Free Speech...  

This matter is before the Court on Plaintiff's Motion to Default Defendants Village at Waterman Lake, L.P., Village Retirement Communities LLC, and D&P Realty, Inc. (collectively, "Defendants"). The Plaintiff, Christopher Buonanno, in his capacity as Executor of the Estate of Jennie Spirito ("Plaintiff"), asserts that defense counsel knowingly and intentionally violated the Rhode Island Confidentiality of Health Care Communications and Information Act ("the CHCCIA") and...  

This case is before the Court on the complaint of Deutsche Bank National Trust Company ("Deutsche Bank"). The complaint seeks a declaration that certain City of Providence's Ordinances are preempted by state and federal law. Deutsche Bank also seeks a writ of mandamus directing the City's Recorder of Deeds to record the foreclosure deeds presented by Deutsche Bank. For the reasons set forth below, the Court grants Deutsche Bank's request for declaratory relief with respect to certain...  

Before this Court is the Motion for Summary Judgment filed by Defendant State of Rhode Island (the State), asserting that Plaintiffs are barred from bringing this action against the State by the three-year statute of limitations contained in G.L. 1956 § 9-1-25. Plaintiffs filed a timely objection, arguing that the doctrine of equitable estoppel bars the State from raising a statute of limitations defense. In a supplemental filing, the State maintains that a governmental entity cannot be...  

The plaintiff, Susan McNulty, appeals from the grant of summary judgment by the Superior Court in favor of the defendant, the City of Providence. This case came before the Supreme Court pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not be summarily decided. After considering the written and oral submissions of the parties, we are of the opinion that the appeal may be resolved without further briefing or argument. For the reasons...  

This case comes before us on a writ of certiorari seeking review of a Superior Court order confirming an arbitration award. In his decision, the arbitrator awarded damages for personal injuries suffered by the plaintiff, Robert Buttie, and the defendants, Raymond and Joan Cataldo, in an automobile accident. The arbitrator also apportioned the damages between two insurance carriers that provided uninsured/underinsured motorist (UM) coverage to one or more of the parties. For the reasons...  

Before this Court is a motion to dismiss pursuant to Super. R. Civ. P. 12(b)(6) and a motion for judgment on the pleadings pursuant to Super. R. Civ. P. 12(c). John J. Przygoda, individually and in his capacity as Trustee of John J. Przygoda, M.D. Pension Plan (Przygoda or Plaintiff), has filed a second amended complaint (Complaint)1 asserting various claims relating to the creation and administration of a defined benefit pension plan funded as... ... ... provided under section 412(i) of the...  

The defendant, Christopher Langstaff, appeals from his conviction by a jury in the Newport County Superior Court on a single count of second-degree child molestation sexual assault. This case came before the Supreme Court for oral argument pursuant to an order directing the parties to show cause why the issues raised in this appeal should not be summarily decided. After examining the written and oral submissions of the parties, we are of the opinion that the appeal may be resolved without...  

Before this Court is an appeal by Veronika Ayriyan from orders of the Family Court awarding Daniel Ayriyan full custody of their minor children and denying her motion to vacate the order of the Family Court entered on September 4, 2007. This case came before the Court for oral argument on April 8, 2010, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided. After hearing the parties' arguments and considering the...  

This appeal ultimately derives from a decision by the Department of Environmental Management (DEM) in 2003 to issue a license to operate a refuse facility in the City of East Providence. We are called upon to determine whether the administrative appeal of the plaintiff, Attorney General Patrick C. Lynch, from the issuance of that 2003 license has been rendered moot by the expiration of, subsequent renewal of, and later transfer of said license.1... For the reasons set forth herein, it is our...  

This case came before the Supreme Court on April 6, 2010, pursuant to an order directing the parties to appear and show cause why the issues raised in this appeal should not summarily be decided.1 The defendant, Edward Marandola, Jr. (Edward or defendant), appeals from an order of the Family Court enforcing an arbitrator's decision that declared that it was reasonable for Edward to be required to pay for two years of private high school tuition for his son. The defendant argues on appeal that...  

The parties are in agreement that the facts are as follows: In l999, Lisa A. Villareal and Edward C. Villareal, Jr. filed for divorce in the Rhode Island Family Court (Case No. P99-186). Mr. and Mrs. Villareal had two children, issue of their marriage. Their youngest child is Nisa Villareal born on May 7, l995. During their marriage, Mr. & Mrs. Villareal owned real estate located at 25 West Scenic Drive, Johnston, R. I. When the divorce case was heard before the Family Court on August l3, l999,...