State v. Francisco Pacheco
Supreme Court of Rhode Island
1DissentJustice Flaherty
We respectfully dissent from the holding of the majority in this case. We do not quibble with the majority’s explanation of the law on collateral estoppel, nor do we disagree with its interpretation of G.L. 1956 § 31-27-2.3(a) (the preliminary breath test statute) or § 31-27-2.1 (the chemical test statute). Moreover, it is our opinion that the majoritys recitation of the facts is, for the most part, accurate. We dissent, however, because we believe that the majority has misapplied the pertinent facts to the law.
As the majority correctly explains, the doctrine of collateral estoppel has three…
2Cases cited6 opinions
- Foster-Glocester Regional School Committee v. Board of ReviewSupreme Court of Rhode Island · 2004
- State v. ChaseSupreme Court of Rhode Island · 1991
- State v. GautierSupreme Court of Rhode Island · 2005
- State v. GodetteSupreme Court of Rhode Island · 2000
- State v. WernerSupreme Court of Rhode Island · 2005
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