Due Process

Defendant appealed the decision of the Johnston Municipal Court sustaining the charge of violation of R.I.G.L. 1956 § 31-15-3 (passing of vehicles proceeding in opposite direction). Following Davis v. Wood, 427 A.2d 332, 337 (R.I. 1981), the Court held that “a combination of prosecutorial and judicial functions in the same individual is condemned.” Since the prosecutor recused herself and the trial judge took over prosecuting the case, the judge was no longer an impartial fact finder. Thus, the Court remanded the matter to the Johnston Municipal Court for a new trial.

City of Johnston v. John O’Brien, C.A. No. M08-0022 (September 17, 2009).pdf