Appellate Practice for Trial Lawyers Seminar Featured in RI Bar Journal

The July/August 2014 edition of the Rhode Island Bar Journal highlights the seminar Appellate Practice for Trial Lawyers that I presented along with Rhode Island Supreme Court Chief Justice Frank J. Williams (Ret.), Lauren Jones, Christopher Bush and Kara Maguire … Continue reading

(4) PRELIMINARY RULING ON MOTION IN LIMINE GENERALLY INSUFFICIENT TO PRESERVE ISSUE FOR APPEAL.

The Rhode Island Supreme Court strictly adheres to the raise or waive rule, pursuant to which “an issue that has not been raised or articulated previously at trial is not properly preserved for appellate review.”  State v. Moten, 2008-51-C.A. at … Continue reading

Favorite SPECIAL EDITION: Statistics on Resolution of Cases before the Rhode Island Supreme Court

This special edition of the Fast Five on Rhode Island Appellate Practice features four questions an appellate attorney should be prepared to answer.  Statistics reported in the Rhode Island Judiciary’s 2012 Annual Report provide helpful guidance on the answers to … Continue reading

(1) Supreme Court Staunchly Adheres to Raise or Waive Rule.

The raise or waive rule, arguably one of the most important rules of appellate practice, is strictly adhered to by the Rhode Island Supreme Court. Pursuant to the raise or waive rule, which is applicable in both civil and criminal … Continue reading

(2) General Objections Insufficient to Preserve Issues for Appellate Review.

Applying the raise or waive rule in State v. Moten, 2008-51-C.A., the Rhode Island Supreme Court held that the defendant’s counsel’s utterance of the word “Objection” twice, without articulating the basis for that objection, was insufficient to preserve the issue … Continue reading

(3) Only the Basis for Objections Articulated on the Record are Preserved for Appeal.

In addition to the requirement that a party must make his or her objections with sufficient particularity to preserve the objection for appeal, only the basis for the objection that is articulated on the record is preserved for appeal. In … Continue reading

(4) Narrow Exception to the Raise or Waive Rule Preserves Some Issues for Appeal.

Although the Rhode Island Supreme Court staunchly adheres to the raise or waive rule, it has also recognized a narrow exception to the rule.  State v. Moten, 2008-51-C.A. (citing State v. Dennis, 29 A.3d 445, 449, 50 (R.I. 2011)).  The … Continue reading