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

Supreme Court of Rhode Island·Decided December 12, 1991·No. No. 91-302-Appeal·Published

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.

Free access — add to your briefcase to read the full text and ask questions with AI

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.

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

Pincite

599 A.2d 1359 (In re Daniel N.) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related