comparable federal rule (Minnesota) · Go Syfert
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comparable federal rule in Minnesota

5 Minnesota opinions name it 2 courts 1973–2019 0 in the last five years

The cases below were cited by Minnesota 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
Aetna Casualty & Surety Co. v. Markariangreen
ca1 · 1997 · cited in 1 Minnesota opinions naming this issue, 2019–2019
2 sentences

2019It does not authorize enforcement of a civil money judgment by methods other than a writ of execution, except where well established principles [so] warrant." (citation omitted) (internal quotation marks omitted) (alteration in original)); Combs v. Ryan's Coal Co. , 785 F.2d 970 , 980 (11th Cir. 1986) (same); see also Markarian , 114 F.3d at 349 n.4 (describing "the types of extraordinary circumstances which warrant departure from the general rule that money judgments are enforced by means of writs of execution rather than by resort to the contempt power of the courts").

2019Co. v. Markarian , 114 F.3d 346 , 349 (1st Cir. 1997) ("The 'otherwise' clause [in the comparable federal rule] is narrowly construed.

11
California v. Greenwoodgreen
scotus · 1988 · cited in 1 Minnesota opinions naming this issue, 2014–2014
2 sentences

2014However, in contrast to parallel constitutional provisions, in which the United States Constitution provides a floor with respect to those rights that are incorporated against the states, California v. Greenwood, 486 U.S. 35, 43 , 108 S.Ct. 1625 , 100 L.Ed.2d 30 (1988); State v. Fuller, 374 N.W.2d 722, 726-27 (Minn.1985); O’Connor v. Johnson, 287 N.W.2d 400, 405 (Minn.1979), nothing prevents a state court from adopting a procedural rule that provides less protection to criminal defendants than a comparable federal rule.

2014However, in contrast to parallel constitutional provisions, in which the United States Constitution provides a floor with respect to those rights that are incorporated against the states, California v. Greenwood, 486 U.S. 35, 43 , 108 S.Ct. 1625 , 100 L.Ed.2d 30 (1988); State v. Fuller, 374 N.W.2d 722, 726-27 (Minn.1985); O’Connor v. Johnson, 287 N.W.2d 400, 405 (Minn.1979), nothing prevents a state court from adopting a procedural rule that provides less protection to criminal defendants than a comparable federal rule.

11
O'CONNOR v. Johnsongreen
minn · 1979 · cited in 1 Minnesota opinions naming this issue, 2014–2014
2 sentences

2014However, in contrast to parallel constitutional provisions, in which the United States Constitution provides a floor with respect to those rights that are incorporated against the states, California v. Greenwood, 486 U.S. 35, 43 , 108 S.Ct. 1625 , 100 L.Ed.2d 30 (1988); State v. Fuller, 374 N.W.2d 722, 726-27 (Minn.1985); O’Connor v. Johnson, 287 N.W.2d 400, 405 (Minn.1979), nothing prevents a state court from adopting a procedural rule that provides less protection to criminal defendants than a comparable federal rule.

2014However, in contrast to parallel constitutional provisions, in which the United States Constitution provides a floor with respect to those rights that are incorporated against the states, California v. Greenwood, 486 U.S. 35, 43 (1988); State v. Fuller, 374 N.W. 2d 722, 726-27 (Minn. 1985); O’Connor v. Johnson, 287 N.W. 2d 400, 405 (Minn. 1979), nothing prevents a state court from adopting a procedural rule that provides less protection to criminal defendants than a comparable federal rule.

11
State v. Fullergreen
minn · 1985 · cited in 1 Minnesota opinions naming this issue, 2014–2014
2 sentences

2014However, in contrast to parallel constitutional provisions, in which the United States Constitution provides a floor with respect to those rights that are incorporated against the states, California v. Greenwood, 486 U.S. 35, 43 , 108 S.Ct. 1625 , 100 L.Ed.2d 30 (1988); State v. Fuller, 374 N.W.2d 722, 726-27 (Minn.1985); O’Connor v. Johnson, 287 N.W.2d 400, 405 (Minn.1979), nothing prevents a state court from adopting a procedural rule that provides less protection to criminal defendants than a comparable federal rule.

2014However, in contrast to parallel constitutional provisions, in which the United States Constitution provides a floor with respect to those rights that are incorporated against the states, California v. Greenwood, 486 U.S. 35, 43 (1988); State v. Fuller, 374 N.W. 2d 722, 726-27 (Minn. 1985); O’Connor v. Johnson, 287 N.W. 2d 400, 405 (Minn. 1979), nothing prevents a state court from adopting a procedural rule that provides less protection to criminal defendants than a comparable federal rule.

11
United States v. Ronald J. Holmesgreen
ca8 · 1987 · cited in 1 Minnesota opinions naming this issue, 2001–2001
2 sentences

2001United States v. Holmes, 822 F.2d 802, 805 (8th Cir.1987) (upholding admission, under the comparable federal rule, of a conviction more than 10 years old, where the matter was briefed and orally argued).

2001United States v. Holmes, 822 F.2d 802, 805 (8th Cir.1987) (upholding admission, under the comparable federal rule, of a conviction more than 10 years old, where the matter was briefed and orally argued).

11
Women of the State v. Gomezgreen
minn · 1995 · cited in 1 Minnesota opinions naming this issue, 1999–1999
2 sentences

1999In Women of Minnesota, we extended the right of privacy to cover the right to abortion funding for those on public assistance — a protection not available under federal law, 6 but one we determined should *800 be accorded in Minnesota because of this state’s “long tradition of affording persons on the periphery of society a greater measure of government protection and support than may be available elsewhere.” Id. at 30 .

1999We have characterized it as “a significant undertaking for any state court to hold that a state constitution offers broader protection than similar federal provisions, and it is certainly not sufficient ‘to reject a [U.S.] Supreme Court opinion on the comparable federal clause merely because one prefers the opposite result.’ ” Women of the State of Minn, by Doe v. Gomez, 542 N.W.2d 17, 30 (Minn.1995) (quoting Hans A. Linde, First Things First: Rediscovering the States’ Bills of Rights, 9 U.Balt.L.Rev. 379, 392 (1980)).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Combs v. Ryan's Coal Co. green
ca11 · 1986
1 sentence

2019It does not authorize enforcement of a civil money judgment by methods other than a writ of execution, except where well established principles [so] warrant." (citation omitted) (internal quotation marks omitted) (alteration in original)); Combs v. Ryan's Coal Co. , 785 F.2d 970 , 980 (11th Cir. 1986) (same); see also Markarian , 114 F.3d at 349 n.4 (describing "the types of extraordinary circumstances which warrant departure from the general rule that money judgments are enforced by means of writs of execution rather than by resort to the contempt power of the courts").

12019–2019
Palermo v. United States green
scotus · 1959
2 sentences

1973The administration of this rule, like the comparable Federal rule, 2 is entrusted to the “good sense and experience of the [trial] judge * * * subject to the appropriately limited review of appellate courts.” Palermo v. United States, 360 U. S. 343, 353 , 79 S. Ct. 1217, 1225 , 3 L. ed. 2d 1287, 1296 (1959); United States v. Augenblick, 393 U. S. *315 348, 355; 89 S. Ct. 528, 533 , 21 L. ed. 2d 537, 544 (1969).

1973The administration of this rule, like the comparable Federal rule, 2 is entrusted to the “good sense and experience of the [trial] judge * * * subject to the appropriately limited review of appellate courts.” Palermo v. United States, 360 U. S. 343, 353 , 79 S. Ct. 1217, 1225 , 3 L. ed. 2d 1287, 1296 (1959); United States v. Augenblick, 393 U. S. *315 348, 355; 89 S. Ct. 528, 533 , 21 L. ed. 2d 537, 544 (1969).

11973–1973
United States v. Augenblick green
scotus · 1969
1 sentence

1973The administration of this rule, like the comparable Federal rule, 2 is entrusted to the “good sense and experience of the [trial] judge * * * subject to the appropriately limited review of appellate courts.” Palermo v. United States, 360 U. S. 343, 353 , 79 S. Ct. 1217, 1225 , 3 L. ed. 2d 1287, 1296 (1959); United States v. Augenblick, 393 U. S. *315 348, 355; 89 S. Ct. 528, 533 , 21 L. ed. 2d 537, 544 (1969).

11973–1973

Where else courts name it

ME 10 (1987–2023) DC 9 (1981–2007) CA 8 (1978–2017) OH 7 (1974–2012) FL 7 (1975–2019) AL 7 (1981–2023) TN 7 (1994–2026) TX 7 (1994–2011) CO 6 (1990–2023) MN 5 (1973–2019) OR 4 (1985–1998) ID 4 (1976–2001) IA 4 (1999–2025) WY 4 (2002–2020) MT 3 (1975–1984) MS 3 (1985–2016) MO 3 (1976–2008) CT 3 (2000–2004) MA 3 (1981–1998) IL 2 (1977–1979) AK 2 (1983–1985) RI 2 (2009–2009) WA 2 (1973–1999) KY 2 (1985–2022) NM 2 (1961–2002) NC 2 (1981–1992) GA 2 (2015–2015) NY 2 (1977–2005) UT 2 (1990–2016)

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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