consider standard (District of Columbia) · Go Syfert
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consider standard in District of Columbia

6 District of Columbia opinions name it 1 courts 1978–2025 2 in the last five years

The cases below were cited by District of Columbia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
In re Jonesgreen
dc · 2012 · cited in 1 District of Columbia opinions naming this issue, 2015–2015
1 sentence

2015See (.Anthony) Jones, 51 A.3d at 1292-93 .

11
Umana v. Swidler & Berlin, Charteredgreen
dc · 1995 · cited in 1 District of Columbia opinions naming this issue, 1996–1996
2 sentences

1996District of Columbia v. Sierra Club, 670 A.2d 354, 361 (D.C.1996); Umana v. Swidler & Berlin, Chartered, 669 A.2d 717, 720 (D.C.1995); Murphy v. McCloud, 650 A.2d 202, 205 (D.C.1994); see Diamond v. Davis, 680 A.2d 364, 376 (D.C.1996) (considering on its merits argument for adoption of new rule that would contradict verbal formula repeated in over a dozen cases, where argument had not been considered in earlier cases).

1996District of Columbia v. Sierra Club, 670 A.2d 354, 361 (D.C.1996); Umana v. Swidler & Berlin, Chartered, 669 A.2d 717, 720 (D.C.1995); Murphy v. McCloud, 650 A.2d 202, 205 (D.C.1994); see Diamond v. Davis, 680 A.2d 364, 376 (D.C.1996) (considering on its merits argument for adoption of new rule that would contradict verbal formula repeated in over a dozen eases, where argument had not been considered in earlier cases).

11
Diamond v. Davisgreen
dc · 1996 · cited in 1 District of Columbia opinions naming this issue, 1996–1996
2 sentences

1996District of Columbia v. Sierra Club, 670 A.2d 354, 361 (D.C.1996); Umana v. Swidler & Berlin, Chartered, 669 A.2d 717, 720 (D.C.1995); Murphy v. McCloud, 650 A.2d 202, 205 (D.C.1994); see Diamond v. Davis, 680 A.2d 364, 376 (D.C.1996) (considering on its merits argument for adoption of new rule that would contradict verbal formula repeated in over a dozen cases, where argument had not been considered in earlier cases).

1996District of Columbia v. Sierra Club, 670 A.2d 354, 361 (D.C.1996); Umana v. Swidler & Berlin, Chartered, 669 A.2d 717, 720 (D.C.1995); Murphy v. McCloud, 650 A.2d 202, 205 (D.C.1994); see Diamond v. Davis, 680 A.2d 364, 376 (D.C.1996) (considering on its merits argument for adoption of new rule that would contradict verbal formula repeated in over a dozen eases, where argument had not been considered in earlier cases).

11
District of Columbia v. Sierra Clubgreen
dc · 1996 · cited in 1 District of Columbia opinions naming this issue, 1996–1996
2 sentences

1996District of Columbia v. Sierra Club, 670 A.2d 354, 361 (D.C.1996); Umana v. Swidler & Berlin, Chartered, 669 A.2d 717, 720 (D.C.1995); Murphy v. McCloud, 650 A.2d 202, 205 (D.C.1994); see Diamond v. Davis, 680 A.2d 364, 376 (D.C.1996) (considering on its merits argument for adoption of new rule that would contradict verbal formula repeated in over a dozen cases, where argument had not been considered in earlier cases).

1996District of Columbia v. Sierra Club, 670 A.2d 354, 361 (D.C.1996); Umana v. Swidler & Berlin, Chartered, 669 A.2d 717, 720 (D.C.1995); Murphy v. McCloud, 650 A.2d 202, 205 (D.C.1994); see Diamond v. Davis, 680 A.2d 364, 376 (D.C.1996) (considering on its merits argument for adoption of new rule that would contradict verbal formula repeated in over a dozen eases, where argument had not been considered in earlier cases).

11
Murphy v. McCloudgreen
dc · 1994 · cited in 1 District of Columbia opinions naming this issue, 1996–1996
2 sentences

1996District of Columbia v. Sierra Club, 670 A.2d 354, 361 (D.C.1996); Umana v. Swidler & Berlin, Chartered, 669 A.2d 717, 720 (D.C.1995); Murphy v. McCloud, 650 A.2d 202, 205 (D.C.1994); see Diamond v. Davis, 680 A.2d 364, 376 (D.C.1996) (considering on its merits argument for adoption of new rule that would contradict verbal formula repeated in over a dozen cases, where argument had not been considered in earlier cases).

1996District of Columbia v. Sierra Club, 670 A.2d 354, 361 (D.C.1996); Umana v. Swidler & Berlin, Chartered, 669 A.2d 717, 720 (D.C.1995); Murphy v. McCloud, 650 A.2d 202, 205 (D.C.1994); see Diamond v. Davis, 680 A.2d 364, 376 (D.C.1996) (considering on its merits argument for adoption of new rule that would contradict verbal formula repeated in over a dozen eases, where argument had not been considered in earlier cases).

11
State, Ex Rel. Brown v. Howardgreen
ohioctapp · 1981 · cited in 1 District of Columbia opinions naming this issue, 1990–1990
2 sentences

1990See Howard, supra, 3 Ohio App.3d at 191-92 , 444 N.E.2d at 471-72 ; cf. J.

1990See Howard, supra, 3 Ohio App.3d at 191-92 , 444 N.E.2d at 471-72 ; cf. J.

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in District of Columbia. Read the followed side critically anyway.

Also cited on this issue (2)

CaseCitedYears
Welch v. United States green
dc · 2024
2 sentences

2025If the Council concluded that rehabilitation and non-dangerousness alone were enough to justify a defendant’s immediate release after serving more than fifteen years in prison, the IRAA would not require a trial court to consider factors that reach beyond rehabilitation and dangerousness. 35 We emphasize that the IRAA’s directive to the trial court to determine whether “the interests of justice warrant a sentence modification,” id., is not an invitation for the trial court to engage in an unconstrained interests-of-justice inquiry untethered from the enumerated factors.

2025If the Council concluded that rehabilitation and non-dangerousness alone were enough to justify a defendant’s immediate release after serving more than fifteen years in prison, the IRAA would not require a trial court to consider factors that reach beyond rehabilitation and dangerousness. 35 We emphasize that the IRAA’s directive to the trial court to determine whether “the interests of justice warrant a sentence modification,” id., is not an invitation for the trial court to engage in an unconstrained interests-of-justice inquiry untethered from the enumerated factors.

22025–2025
Von Moltke v. Gillies green
scotus · 1948
2 sentences

1978The fact that an accused may tell [the judge] that he is informed of his right to counsel and desires to waive this right does not automatically end the judge’s responsibility. [Id., 332 U.S. at 723-24 , 68 S.Ct. at 323 .] Faretta, supra, obviously forces a court to consider the waiver question in a new light, now that an accused has a constitutional right to self-representation, as well as to assistance of counsel.

1978The fact that an accused may tell [the judge] that he is informed of his right to counsel and desires to waive this right does not automatically end the judge’s responsibility. [Id., 332 U.S. at 723-24 , 68 S.Ct. at 323 .] Faretta, supra, obviously forces a court to consider the waiver question in a new light, now that an accused has a constitutional right to self-representation, as well as to assistance of counsel.

11978–1978

Where else courts name it

CT 110 (1970–2026) PA 62 (1995–2026) OH 41 (1960–2026) IL 34 (1976–2026) CA 31 (1993–2026) AR 28 (1997–2023) TX 25 (1949–2024) AL 19 (1978–2023) MS 18 (1994–2026) OR 17 (1919–2026) MO 15 (1906–2022) MN 13 (1985–2024) TN 11 (1984–2026) NY 11 (1958–2026) ID 10 (2004–2025) MI 10 (1988–2024) FL 9 (1986–2014) NM 8 (2000–2025) WI 7 (1987–2025) GA 7 (1976–2025) LA 6 (1984–2009) WV 6 (1989–2021) IA 6 (1992–2025) DC 6 (1978–2025) MT 6 (1991–1999) IN 5 (1988–2019) WA 5 (2014–2019) AZ 5 (1975–2021) NJ 5 (1988–2026) ME 5 (1996–2017) DE 5 (1946–2024) KS 4 (1890–2026) MD 4 (1983–2016) VT 3 (2008–2021) VA 3 (2003–2026) AK 3 (1975–2026) UT 3 (2016–2025) CO 3 (1983–2002) NC 3 (2012–2019) NH 3 (2004–2019) RI 2 (2004–2004) NE 2 (2016–2026) ND 2 (1998–2024) NV 2 (1971–1977) OK 2 (1927–1932)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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