Latest 4 Cases: Andrews v. Lombardi (Civil Rights), State v. Alvarado (Civil Rights), Andrews v. Lombardi (Constitutional Law)

Should Acquittals Require Unanimity?

SHERRY F. COLB

Cornell law professor Sherry F. Colb considers the policy question of whether, since the Constitution requires jury unanimity to convict a defendant of a serious crime, states should require a unanimous verdict to acquit a defendant, as well. Colb describes the reasons behind jury unanimity convictions and assesses whether they apply similarly to acquittals.

Read More

Andrews v. Lombardi

Docket: 17-262

Opinion Date: June 30, 2020

Judge: Paul A. Suttell

Areas of Law: Civil Rights, Constitutional Law, Contracts

In this case challenging the City of Providence's ordinance suspending annual cost-of-living-adjustments (COLAs) for retired members of its police and fire departments until the pension fund achieved a seventy percent funding level the Supreme Court affirmed in part, vacated in part, and reversed in part the trial court judgment in favor of the City, holding that the pension ordinance was unenforceable as to certain plaintiffs. After the City enacted its ordinance in retiree groups and union groups initiated litigation to bar enforcement of the ordinance. Most retirees entered into a settlement that ripened into a consent judgment. Several individuals who opted out of the settlement agreement brought this suit. The trial justice entered judgment for the City. The Supreme Court affirmed in part and vacated in part, holding (1) the superior court correctly entered summary judgment on Plaintiffs' claims under the Takings Clause and for promissory estoppel; (2) with respect to the plaintiffs who were also a party in prior litigation regarding their COLA benefits and who were included in an earlier consent judgment or individual settlement agreement, the pension ordinance was unenforceable; and (3) with respect to Plaintiffs' challenge to the pension ordinance based upon the Contract Clause, the judgment is vacated.

State v. Alvarado

Docket: 18-191

Opinion Date: June 30, 2020

Judge: Francis X. Flaherty

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

The Supreme Court affirmed the judgment of the superior court convicting Defendant on two counts of first-degree child molestation sexual assault, holding that the trial justice did not err in denying Defendant's motion to suppress statements made to the state police, denying Defendant's motion for a mistrial, and denying Defendant's motion to dismiss counts one and two of the indictment pursuant to Rule 29(b) of the Superior Court Rules of Criminal Procedure. Specifically, the Supreme Court held (1) Defendant's waiver of his Miranda rights was made knowingly, intelligently, and voluntarily, and therefore, the trial justice properly denied Defendant's motion to suppress; (2) the trial justice did not err when she denied Defendant's motion for a mistrial based on an alleged discovery violation by the State; and (3) the trial justice did not err when she credited the complaining witness's testimony in denying Defendant's Rule 29(b) motion to dismiss the first two counts of the indictment relating to first-degree child molestation sexual assault.

Andrews v. Lombardi

Dockets: 2017-255, 2017-256, 2017-257, 2017-260

Opinion Date: June 30, 2020

Judge: Paul A. Suttell

Areas of Law: Constitutional Law, Contracts, Labor & Employment Law

In this action challenging an ordinance passed in 2011 requiring retirees from the City's police and fire departments to enroll in the federal Medicare program upon reaching the age of eligibility instead of continuing to have the City pay for their private health insurance for life the Supreme Court affirmed in part and vacated in part the final judgment of the superior court in favor of the City, holding that the trial judge misconceived the evidence with respect to the health care benefits that Plaintiffs were receiving from the City. Most police or firefighter retirees filed suit challenging the ordinance, and many settled. Some retirees opted out of the settlement and pursued their claims through a bench trial. The trial justice found in favor of the City. The Supreme Court held (1) with respect to Plaintiffs' claims for breach of contract, violation of the Takings Clause, and promissory estoppel, the superior court's judgment was proper; and (2) as to Plaintiffs' Contract Clause claims, the trial justice overlooked or misconceived evidence in several crucial respects. The Court remanded the case with instructions to enter judgment consistent with the provisions pertaining to the Medicare Ordinance as set forth in the final and consent judgment in the lawsuit from which Plaintiffs opted out.

State v. Lamontagne

Docket: 18-241

Opinion Date: June 30, 2020

Judge: Paul A. Suttell

Areas of Law: Criminal Law

The Supreme Court affirmed the judgment of the superior court convicting Defendant of first-degree robbery and assault with a dangerous weapon in a dwelling with intent to rob, holding that the trial justice did not abuse her discretion in excluding the complaining witness's prior criminal convictions and excluding photographs of bruises on Defendant's torso and supporting testimony from an investigator. Specifically, the Supreme Court held (1) the trial justice did not abuse her discretion in excluding evidence of the complaining witness's prior convictions for resisting arrest and domestic disorderly conduct; and (2) the trial justice did not abuse her discretion in excluding the photographs and supporting testimony because, without further evidence connecting the injuries depicted in the photographs to the altercation with the complaining witness that occurred nearly two weeks earlier, the evidence was inadmissible.