In re Daniel N.

Supreme Court of Rhode Island

In re Daniel N.

599 A.2d 1359, 1991 R.I. LEXIS 212, 1991 WL 263675

CourtSupreme Court of Rhode Island

DecidedDecember 12, 1991

DocketNo. 91-302-Appeal

StatusPublished

This text of 599 A.2d 1359 (In re Daniel N.) is published on Counsel Stack Legal Research, covering Supreme Court of Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

In re Daniel N., 599 A.2d 1359, 1991 R.I. LEXIS 212, 1991 WL 263675 (R.I. 1991).

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Opinion

ORDER

This case came before the court for oral argument December 2,1991 pursuant to an order which had directed both parties to appear in order to show cause why the issues raised by this appeal should not be summarily decided.

After hearing the arguments of counsel and examining the memoranda filed by the parties, this court is of the opinion that the charge of disorderly conduct based upon the verbal statements of the respondent did not meet the standards of “fighting words” as those standards have been set forth in Chaplinsky v. New Hampshire, 315 U.S. 568, 62 S.Ct. 766, 86 L.Ed. 1031 (1942); State v. McKenna, 415 A.2d 729 (R.I.1980); State v. Authelet, 120 R.I. 42, 385 A.2d 642 (1978).

Consequently the respondent’s appeal is sustained. The case may be remanded to the Family Court with directions to enter an adjudication of acquittal in favor of the respondent.

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ORDER

This case came before the court for oral argument December 2,1991 pursuant to an order which had directed both parties to appear in order to show cause why the issues raised by this appeal should not be summarily decided.

After hearing the arguments of counsel and examining the memoranda filed by the parties, this court is of the opinion that the charge of disorderly conduct based upon the verbal statements of the respondent did not meet the standards of “fighting words” as those standards have been set forth in Chaplinsky v. New Hampshire, 315 U.S. 568, 62 S.Ct. 766, 86 L.Ed. 1031 (1942); State v. McKenna, 415 A.2d 729 (R.I.1980); State v. Authelet, 120 R.I. 42, 385 A.2d 642 (1978).

Consequently the respondent’s appeal is sustained. The case may be remanded to the Family Court with directions to enter an adjudication of acquittal in favor of the respondent.

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Bluebook (online)

599 A.2d 1359, 1991 R.I. LEXIS 212, 1991 WL 263675, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-daniel-n-ri-1991.

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