Evidence

Defendant appealed the decision of the trial court sustaining the violation of R.I.G.L. 1956 § 31-15-1 (“right half of road”). Defendant argued that the trial court erred in finding sufficient evidence to sustain the violation. In Waldman v. Shipyard Marina Inc., 230 A.2d 841 (R.I. 1967), the RI Supreme Court held that in “situations involving the pyramids of inferences… such inference drawn from another inference is rejected as being without probative force.” Applying the facts here, the Appeals Panel found that the trial court engaged in conjecture and building inferences upon inferences without basing them on the officer’s testimony or credibility. Accordingly, the trial court’s decision was reversed.

Town of Bristol v. Daniele Nogueira, No. M15-0040 (September 7, 2016).pdf