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Benjamin Minior v. Rhode Island

Paid petition · Supreme Court of Rhode Island, No. 2016-57-C.A. · judgment January 11, 2018

Certiorari denied · April 16, 2018
Pre-decision estimate: 3% cert probability

Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.

Question presented

Assuming that the necessary elements for collateral estoppel exist, do the rights conferred by the Doctrine of Collateral Estoppel, as a sub-doctrine of the Double Jeopardy Clauses of the Fifth and Fourteenth Amendments, protect a defendant from being forced to defend himself against the state for a second time in a criminal trial on the same issue after said issue had been decided against the state after the companion trial on the civil (quasi criminal) violation of “Reasonable and Prudent Speeds”?

Counsel of record

For petitioner
Richard S. Humphrey
The Law Offices of Richard S. Humphrey

For respondent
Aaron L. Weisman
Dept. of Attorney General

Case

Conference history
Distributed for 1 conference

Proceedings

  1. Apr 16 2018
    Petition DENIED.
  2. Mar 28 2018
    DISTRIBUTED for Conference of 4/13/2018.
  3. Mar 26 2018
    Waiver of right of respondent State of Rhode Island to respond filed.
  4. Mar 08 2018
    Petition for a writ of certiorari filed. (Response due April 11, 2018)