On Appeal

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(2) General Objections Insufficient to Preserve Issues for Appellate Review.

Applying the raise or waive rule in State v. Moten, 2008-51-C.A., the Rhode Island Supreme Court held that the defendant’s counsel’s utterance of the word “Objection” twice, without articulating the basis for that objection, was insufficient to preserve the issue for appeal.

In so doing, the Court cautioned that “‘a general objection is not sufficient to preserve an issue for appellate review; rather, assignments of error must be set forth with sufficient particularity to call the trial justice’s attention to the basis of the objection.’”  Id. at 10 (quoting United Station Associates v. Rossi, 862 A.2d 185, 192 (R.I. 2004)).  Thus, an objection without any accompanying explanation is insufficient to preserve an issue on appeal.  Id.

About The Author

Nicole J. Benjamin

I am a shareholder and business litigator at AP&S. I help businesses and their legal departments achieve their objectives by reducing their liabilities, advising them on complex legal matters and defending unavoidable litigation in federal and state court.

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