Evidence

Defendant appealed decision of the trial judge sustaining a violation of G.L. 1956 § 31-20-9 (obedience to stop signs). Defendant argued that the trial judge erred by refusing to admit Defendant’s proffered photographs into evidence. The Appeals Panel found that the trial judge abused his discretion because he failed to provide any reasoning as to why the photographs were excluded from evidence. Furthermore, the Panel noted that the record failed to provide “any factual findings, credibility determinations, or evidentiary considerations.” A trial judge’s findings “must contain . . . a factual finding and a conclusion of law on each cause of action adjudicated.” Cathay Cathay, Inc. v. Vindalu, LLC, 136 A.3d 1113, 1119 (R.I. 2016) (citing Cathay Cathay, Inc. v. Vindalu, LLC, 962 A.2d 740, 747-48 (R.I. 2009)). The Panel held that the trial judge’s decision was clearly erroneous because the record did not provide any of the facts or testimony upon which his decision relied. Accordingly, the Appeals Panel reversed the decision of the trial judge.

Town of Tiverton v. Jacob Carvalho, No. M17-0029 (Amended) (July 31, 2018).pdf