opposite presumption (Maine) · Go Syfert
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opposite presumption in Maine

5 Maine opinions name it 1 courts 1841–2018 0 in the last five years

The cases below were cited by Maine 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 (1)

CaseFollowedCited
Johnson v. Zerbstred
scotus · 1938 · cited in 1 Maine opinions naming this issue, 2006–2006
2 sentences

2006Id. at 513-15 , 82 S.Ct. 884 ; see also Johnson, 304 U.S. at 464 , 58 S.Ct. 1019 . [¶20] The importance of the need for the court to affirmatively address the right to counsel with a defendant proceeding to trial without representation is evident in our prior decisions.

2006Id. at 513-15 , 82 S.Ct. 884 ; see also Johnson, 304 U.S. at 464 , 58 S.Ct. 1019 . [¶20] The importance of the need for the court to affirmatively address the right to counsel with a defendant proceeding to trial without representation is evident in our prior decisions.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Cooper v. Oklahoma green
scotus · 1996
2 sentences

2018By comparison to the defendant's interest, the injury to the State of the opposite error-a conclusion that the defendant is incompetent when he is in fact malingering-is modest." Id. at 364-65 , 116 S.Ct. 1373 .

2018By comparison to the defendant's interest, the injury to the State of the opposite error-a conclusion that the defendant is incompetent when he is in fact malingering-is modest." Id. at 364-65 , 116 S.Ct. 1373 .

12018–2018
Carnley v. Cochran green
scotus · 1962
2 sentences

2006Id. at 513-15 , 82 S.Ct. 884 ; see also Johnson, 304 U.S. at 464 , 58 S.Ct. 1019 . [¶20] The importance of the need for the court to affirmatively address the right to counsel with a defendant proceeding to trial without representation is evident in our prior decisions.

2006Id. at 513-15 , 82 S.Ct. 884 ; see also Johnson, 304 U.S. at 464 , 58 S.Ct. 1019 . [¶20] The importance of the need for the court to affirmatively address the right to counsel with a defendant proceeding to trial without representation is evident in our prior decisions.

12006–2006
Baulec v. . New York Harlem R.R. Co. green
ny · 1874
1 sentence

1910Baulec v. New York and Harlem Railroad Co., 59 N. Y. 356 , 17 Am.

11910–1910
Locke v. Homer green
mass · 1881
1 sentence

1897The opposite doctrine of Burbank v. Gould, supra, is commended in Barron v. Paine, 83 Maine, 323, and fully sustained in Locke v. Homer, 131 Mass. 93 , where many authorities are considered.

11897–1897
Reed v. Paul green
mass · 1881
1 sentence

1897So also in Muhlig v. Fiske, 131 Mass. 113 ; Gaffney v. Hicks, 131 Mass. 125 ; Reed v. Paul, 131 Mass. 129 ; Williams v. Fowle, 132 Mass. 385 ; Wilson v. Bryant, 134 Mass. 299 ; Shattuck v. Adams, 136 Mass. 36 ; Paper Stock Disinf.

11897–1897
Williams v. Fowle green
mass · 1882
1 sentence

1897So also in Muhlig v. Fiske, 131 Mass. 113 ; Gaffney v. Hicks, 131 Mass. 125 ; Reed v. Paul, 131 Mass. 129 ; Williams v. Fowle, 132 Mass. 385 ; Wilson v. Bryant, 134 Mass. 299 ; Shattuck v. Adams, 136 Mass. 36 ; Paper Stock Disinf.

11897–1897
Dolf v. Basset neutral
nysupct · 1818
1 sentence

1841The opposite doctrine cannot be sustained, in conformity with our law, from the case of Dolf v. Bassett, 15 Johns. 21 , which is, as the court admit, obscure in its facts, and it does not appear to be very clear in its principles.

11841–1841

Where else courts name it

CA 64 (1854–2026) IL 56 (1852–2021) NY 44 (1838–2025) TX 39 (1871–2024) WA 26 (1890–2025) MO 25 (1862–2021) WI 25 (1860–2008) NJ 20 (1832–2026) AL 20 (1854–2025) IA 19 (1858–2018) IN 19 (1872–2019) PA 18 (1860–2019) NC 16 (1878–2021) OR 15 (1883–2024) OK 13 (1925–2017) MN 13 (1893–2006) TN 11 (1877–2017) AR 10 (1874–2019) MI 10 (1897–2019) KY 10 (1840–2026) WV 9 (1895–2022) AZ 8 (1972–2024) VA 8 (1846–2026) ND 8 (1900–2014) NE 8 (1889–2000) MA 8 (1849–2025) ID 7 (1916–2021) NM 7 (1886–2023) CO 6 (1892–2003) OH 6 (1840–2008) AK 5 (1981–1996) ME 5 (1841–2018) MD 5 (1896–1980) MS 5 (1895–2017) SC 5 (1870–1998) WY 4 (1934–2015) GA 4 (1935–2026) LA 4 (1824–1988) VT 4 (1898–2021) UT 4 (1935–2024) FL 4 (1955–2019) NH 3 (1867–1903) CT 3 (2005–2012) HI 3 (1996–2019) KS 2 (1886–1942) PR 2 (1911–1953) MT 2 (1993–2006) SD 2 (1951–2007) DC 2 (1970–2005)

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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