State v. Mustapha Bojang
Supreme Court of Rhode Island
1Concurring in part, dissenting in part
Justice FLAHERTY,
with whom Justice ROBINSON joins with the exception of footnote seven, dissenting in part and concurring in part.
I respectfully dissent from that part of the Court’s opinion remanding this case to the trial justice for “additional findings of fact and credibility determinations regarding the first interview,” but also leaving the trial justice with the discretion to allow further testimony. In my opinion, the remand should be limited to fact-finding and credibility determinations based solely on the record of the suppression hearing.
To support its mandate, the majority cites…
2Cases cited16 opinions
- Burks v. United StatesSupreme Court of the United States · 1978
- Oliver v. United StatesSupreme Court of the United States · 1984
- Florida v. JardinesSupreme Court of the United States · 2013
- Hester v. United StatesSupreme Court of the United States · 1924
- United States v. Jesse KithcartCourt of Appeals for the Third Circuit · 2000
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