Credibility

Defendant appealed decision of the trial judge denying a motion to vacate a default judgment. Defendant argued that the trial judge erred by rejecting Defendant’s assertion that a court clerk refused to accept proof of his community service completion, which would have resulted in the dismissal of the charge. The Appeals Panel held that the trial judge’s decision was not clearly erroneous because the Appeals Panel “lacks the authority to assess witness credibility or to substitute its judgment for that of the hearing judge concerning the weight of the evidence on questions of fact.” Link v. State, 633 A.2d 1345, 1348 (R.I. 1993) (citing Liberty Mut. Ins. Co. v. Janes, 586 A.2d 536, 537 (R.I. 1991)). Accordingly, the Appeals Panel affirmed the decision of the trial judge.

City of Providence v. Emanuel Joia, M17-0018 (June 11, 2018).pdf