On Appeal

In two decisions this term, the Rhode Island Supreme Court appended to its decisions illustrations to help explain the basis for its decisions.  In DeMaio v. Ciccone, No. 2011-211-Appeal (R.I. Feb. 1, 2013), the Court appended to its decision a photograph of the damage to the motor vehicle that was at issue in that case and in Rhode Island Mobile Sportfishermen, Inc. v. Nope’s Island Conservation Association, Inc., No. 2011-180-Appeal (R.I. Jan. 31, 2013), the Court appended to its decision a map of the peninsula that was at issue in that case.  It is a rare occasion for an appellate court to conclude that a photograph or any other pictorial illustration is necessary to properly explain the basis for its decision.  The Supreme Court’s recent decisions may signal to practitioners that use of photographs sometimes may be appropriate to illustrate points on appeal.