federal constitutional error (District of Columbia) · Go Syfert
← District of Columbia issues

federal constitutional error in District of Columbia

25 District of Columbia opinions name it 1 courts 1968–2022 1 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 (21)

CaseFollowedCited
Chapman v. Californiared
scotus · 1967 · cited in 14 District of Columbia opinions naming this issue, 1968–2015
2 sentences

2015Cf. Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967) (holding that before a federal constitutional error can be held harmless the reviewing court must be able to declare a belief that it was harmless beyond a reasonable doubt).

2015Cf. Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967) (holding that before a federal constitutional error can be held harmless the reviewing court must be able to declare a belief that it was harmless beyond a reasonable doubt).

314
Orix Capital Markets, LLC v. American Realty Trust, Inc.green
texapp · 2011 · cited in 2 District of Columbia opinions naming this issue, 2014–2014
2 sentences

2014Compare, e.g., Rivera v. Illinois, 556 U.S. 148, 161-62 , 129 S.Ct. 1446 , 173 L.Ed.2d 320 (2009) (noting line of cases “in which federal judges or tribunals lacked statutory authority to adjudicate the controversy” and Supreme Court “held the resulting judgment ... invalid as a matter of federal law”; “Absent a federal constitutional violation, States retain the prerogative to decide whether such errors deprive a tribunal of its lawful authority and thus require automatic reversal.”), with, e.g., Orix Capital Mkts., LLC v. American Realty Trust, Inc., 356 S.W.3d 748, 750-55 (Tex.App. 2011) (d

2014Compare, e.g., Rivera v. Illinois, 556 U.S. 148, 161-62 (2009) (noting line of cases “in which federal judges or tribunals lacked statutory authority to adjudicate the controversy” and Supreme Court “held the resulting judgment . . . invalid as a matter of federal law”; “Absent a federal constitutional violation, States retain the prerogative to decide whether such errors deprive a tribunal of its lawful authority and thus require automatic reversal.”), with, e.g., Orix Capital Mkts., LLC v. American Realty Trust, Inc., 356 S.W.3d 748, 750-55 (Tex. App. 2011) (denying relief to litigant collat

22
Rivera v. Illinoisgreen
scotus · 2009 · cited in 2 District of Columbia opinions naming this issue, 2014–2014
2 sentences

2014Compare, e.g., Rivera v. Illinois, 556 U.S. 148, 161-62 , 129 S.Ct. 1446 , 173 L.Ed.2d 320 (2009) (noting line of cases “in which federal judges or tribunals lacked statutory authority to adjudicate the controversy” and Supreme Court “held the resulting judgment ... invalid as a matter of federal law”; “Absent a federal constitutional violation, States retain the prerogative to decide whether such errors deprive a tribunal of its lawful authority and thus require automatic reversal.”), with, e.g., Orix Capital Mkts., LLC v. American Realty Trust, Inc., 356 S.W.3d 748, 750-55 (Tex.App. 2011) (d

2014Compare, e.g., Rivera v. Illinois, 556 U.S. 148, 161-62 , 129 S.Ct. 1446 , 173 L.Ed.2d 320 (2009) (noting line of cases “in which federal judges or tribunals lacked statutory authority to adjudicate the controversy” and Supreme Court “held the resulting judgment ... invalid as a matter of federal law”; “Absent a federal constitutional violation, States retain the prerogative to decide whether such errors deprive a tribunal of its lawful authority and thus require automatic reversal.”), with, e.g., Orix Capital Mkts., LLC v. American Realty Trust, Inc., 356 S.W.3d 748, 750-55 (Tex.App. 2011) (d

22
Meza v. Massanarigreen
txsd · 2001 · cited in 2 District of Columbia opinions naming this issue, 2014–2014
2 sentences

2014Compare, e.g., Rivera v. Illinois, 556 U.S. 148, 161-62 , 129 S.Ct. 1446 , 173 L.Ed.2d 320 (2009) (noting line of cases “in which federal judges or tribunals lacked statutory authority to adjudicate the controversy” and Supreme Court “held the resulting judgment ... invalid as a matter of federal law”; “Absent a federal constitutional violation, States retain the prerogative to decide whether such errors deprive a tribunal of its lawful authority and thus require automatic reversal.”), with, e.g., Orix Capital Mkts., LLC v. American Realty Trust, Inc., 356 S.W.3d 748, 750-55 (Tex.App. 2011) (d

2014Compare, e.g., Rivera v. Illinois, 556 U.S. 148, 161-62 (2009) (noting line of cases “in which federal judges or tribunals lacked statutory authority to adjudicate the controversy” and Supreme Court “held the resulting judgment . . . invalid as a matter of federal law”; “Absent a federal constitutional violation, States retain the prerogative to decide whether such errors deprive a tribunal of its lawful authority and thus require automatic reversal.”), with, e.g., Orix Capital Mkts., LLC v. American Realty Trust, Inc., 356 S.W.3d 748, 750-55 (Tex. App. 2011) (denying relief to litigant collat

22
McCoy v. United Statesgreen
dc · 2006 · cited in 2 District of Columbia opinions naming this issue, 2010–2010
2 sentences

2010Indeed, the defendant's own confession is probably the most probative and damaging evidence that can be admitted against him." McCoy v. United States, 890 A.2d 204, 211 (D.C.2006) (quoting Fulminante, supra, 499 U.S. at 296 , 111 S.Ct. 1246 ). [24] "[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt." Chapman, supra note 3, 386 U.S. at 24, 87 S.Ct. 824 (1967).

2010Indeed, the defendant’s own confession is probably the most probative and damaging evidence that can be admitted against him.” McCoy v. United States, 890 A.2d 204, 211 (D.C.2006) (quoting Fulminante, supra, 499 U.S. at 296 , 111 S.Ct. 1246 ). 24 “[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt.” Chapman, supra note 3, 386 U.S. at 24, 87 S.Ct. 824 (1967).

22
Etheredge v. District of Columbiagreen
dc · 1993 · cited in 1 District of Columbia opinions naming this issue, 2022–2022
1 sentence

2022See Etheredge, 635 A.2d at 916 n.10 (acknowledging that “there are differences between a federal constitutional claim [for excessive force] and a tort suit brought under District of Columbia law”); Kotsch, 924 A.2d at 1047 n.7 (noting the “theoretically different . . . underpinnings between the defense of qualified privilege against common law tort claims and qualified immunity from constitutional claims”).

11
Crane v. Kentuckygreen
scotus · 1986 · cited in 1 District of Columbia opinions naming this issue, 2011–2011
2 sentences

2011We have said that in order to find a non-constitutional error harmless, "we must find it ` highly probable that [that] error did not contribute to the verdict.'" Ellis v. United States, 941 A.2d 1042, 1048 (D.C.2008) (emphasis and brackets in the original; citation omitted). [19] Appellant invokes the standard of harmlessness set forth in Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967): "[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt." Equivalently, the Supreme

2011We have said that in order to find a non-constitutional error harmless, "we must find it ` highly probable that [that] error did not contribute to the verdict.'" Ellis v. United States, 941 A.2d 1042, 1048 (D.C.2008) (emphasis and brackets in the original; citation omitted). [19] Appellant invokes the standard of harmlessness set forth in Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967): "[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt." Equivalently, the Supreme

11
Alaska Steamship Co. v. Pettersongreen
scotus · 1954 · cited in 1 District of Columbia opinions naming this issue, 2011–2011
1 sentence

2011We have said that in order to find a non-constitutional error harmless, "we must find it ` highly probable that [that] error did not contribute to the verdict.'" Ellis v. United States, 941 A.2d 1042, 1048 (D.C.2008) (emphasis and brackets in the original; citation omitted). [19] Appellant invokes the standard of harmlessness set forth in Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967): "[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt." Equivalently, the Supreme

11
Washington v. Texasgreen
scotus · 1967 · cited in 1 District of Columbia opinions naming this issue, 2011–2011
2 sentences

2011We have said that in order to find a non-constitutional error harmless, "we must find it ` highly probable that [that] error did not contribute to the verdict.'" Ellis v. United States, 941 A.2d 1042, 1048 (D.C.2008) (emphasis and brackets in the original; citation omitted). [19] Appellant invokes the standard of harmlessness set forth in Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967): "[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt." Equivalently, the Supreme

2011We have said that in order to find a non-constitutional error harmless, "we must find it ` highly probable that [that] error did not contribute to the verdict.'" Ellis v. United States, 941 A.2d 1042, 1048 (D.C.2008) (emphasis and brackets in the original; citation omitted). [19] Appellant invokes the standard of harmlessness set forth in Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967): "[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt." Equivalently, the Supreme

11
Chambers v. Mississippigreen
scotus · 1973 · cited in 1 District of Columbia opinions naming this issue, 2011–2011
2 sentences

2011We have said that in order to find a non-constitutional error harmless, "we must find it ` highly probable that [that] error did not contribute to the verdict.'" Ellis v. United States, 941 A.2d 1042, 1048 (D.C.2008) (emphasis and brackets in the original; citation omitted). [19] Appellant invokes the standard of harmlessness set forth in Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967): "[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt." Equivalently, the Supreme

2011We have said that in order to find a non-constitutional error harmless, "we must find it ` highly probable that [that] error did not contribute to the verdict.'" Ellis v. United States, 941 A.2d 1042, 1048 (D.C.2008) (emphasis and brackets in the original; citation omitted). [19] Appellant invokes the standard of harmlessness set forth in Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967): "[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt." Equivalently, the Supreme

11
Ellis v. United Statesgreen
dc · 2008 · cited in 1 District of Columbia opinions naming this issue, 2011–2011
2 sentences

2011We have said that in order to find a non-constitutional error harmless, "we must find it ` highly probable that [that] error did not contribute to the verdict.'" Ellis v. United States, 941 A.2d 1042, 1048 (D.C.2008) (emphasis and brackets in the original; citation omitted). [19] Appellant invokes the standard of harmlessness set forth in Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967): "[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt." Equivalently, the Supreme

2011We have said that in order to find a non-constitutional error harmless, "we must find it ‘highly probable that [that] error did not contribute to the verdict.’ ” Ellis v. United States, 941 A.2d 1042, 1048 (D.C.2008) (emphasis and brackets in the original: citation omitted). .Appellant invokes the standard of harmlessness set forth in Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967): "[Bjefore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt.” Equivalently, the Supreme Cou

11
Taylor v. Illinoisgreen
scotus · 1988 · cited in 1 District of Columbia opinions naming this issue, 2011–2011
2 sentences

2011We have said that in order to find a non-constitutional error harmless, "we must find it ` highly probable that [that] error did not contribute to the verdict.'" Ellis v. United States, 941 A.2d 1042, 1048 (D.C.2008) (emphasis and brackets in the original; citation omitted). [19] Appellant invokes the standard of harmlessness set forth in Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967): "[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt." Equivalently, the Supreme

2011We have said that in order to find a non-constitutional error harmless, "we must find it ` highly probable that [that] error did not contribute to the verdict.'" Ellis v. United States, 941 A.2d 1042, 1048 (D.C.2008) (emphasis and brackets in the original; citation omitted). [19] Appellant invokes the standard of harmlessness set forth in Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967): "[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt." Equivalently, the Supreme

11
United States v. Smithgreen
dc · 1976 · cited in 1 District of Columbia opinions naming this issue, 1991–1991
2 sentences

1991Rather, the defendant must make a prima facie showing that: “(1) others similarly situated were not prosecuted, and (2) the selective prosecution being complained of was improperly motivated, i.e., it was based on an impermissible consideration such as race or a on a desire to prevent the exercise of constitutional rights.” (Elizabeth) Smith, 460 A.2d at 578 ; see Wayte, 470 U.S. at 608, 610 , 105 S.Ct. at 1531, 1532 (“discriminatory purpose”); United States v. (James) Smith, 354 A.2d 510, 513 (D.C.1976) (“invidious or otherwise impermissible form of discrimination”). 8 To support a claim of s

1991Rather, the defendant must make a prima facie showing that: "(1) others similarly situated were not prosecuted, and (2) the selective prosecution being complained of was improperly motivated, i.e., it was based on an impermissible consideration such as race or a on a desire to prevent the exercise of constitutional rights." ( Elizabeth) Smith, 460 A.2d at 578 ; see Wayte, 470 U.S. at 608, 610 , 105 S.Ct. at 1531, 1532 ("discriminatory purpose"); United States v. (James) Smith, 354 A.2d 510, 513 (D.C.1976) ("invidious or otherwise impermissible form of discrimination"). [8] To support a claim o

11
Wayte v. United Statesgreen
scotus · 1985 · cited in 1 District of Columbia opinions naming this issue, 1991–1991
2 sentences

1991Rather, the defendant must make a prima facie showing that: “(1) others similarly situated were not prosecuted, and (2) the selective prosecution being complained of was improperly motivated, i.e., it was based on an impermissible consideration such as race or a on a desire to prevent the exercise of constitutional rights.” (Elizabeth) Smith, 460 A.2d at 578 ; see Wayte, 470 U.S. at 608, 610 , 105 S.Ct. at 1531, 1532 (“discriminatory purpose”); United States v. (James) Smith, 354 A.2d 510, 513 (D.C.1976) (“invidious or otherwise impermissible form of discrimination”). 8 To support a claim of s

1991Rather, the defendant must make a prima facie showing that: “(1) others similarly situated were not prosecuted, and (2) the selective prosecution being complained of was improperly motivated, i.e., it was based on an impermissible consideration such as race or a on a desire to prevent the exercise of constitutional rights.” (Elizabeth) Smith, 460 A.2d at 578 ; see Wayte, 470 U.S. at 608, 610 , 105 S.Ct. at 1531, 1532 (“discriminatory purpose”); United States v. (James) Smith, 354 A.2d 510, 513 (D.C.1976) (“invidious or otherwise impermissible form of discrimination”). 8 To support a claim of s

11
Powell v. United Statesgreen
dc · 1983 · cited in 1 District of Columbia opinions naming this issue, 1986–1986
2 sentences

1986See, e.g., Powell v. United States, 455 A.2d 405, 411 (D.C.1982); Miller v. United States, 444 A.2d 13, 16 (D.C.1982). .“[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt.” Id., 386 U.S. at 24 , 87 S.Ct. at 828. .

1986See, e.g., Powell v. United States, 455 A.2d 405, 411 (D.C.1982); Miller v. United States, 444 A.2d 13, 16 (D.C.1982). [4] "[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt." Id., 386 U.S. at 24 , 87 S.Ct. at 828. [5] The Court thus effectively overruled so much of this court's holding in Springer v. United States, supra , as applied a per se reversible standard to in limine limitations on certain cross-examination. [1] In fact, the Advisory Committee's 1969 preliminary draft of FED.R.EVID. 6

11
Miller v. United Statesgreen
dc · 1982 · cited in 1 District of Columbia opinions naming this issue, 1986–1986
2 sentences

1986See, e.g., Powell v. United States, 455 A.2d 405, 411 (D.C.1982); Miller v. United States, 444 A.2d 13, 16 (D.C.1982). .“[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt.” Id., 386 U.S. at 24 , 87 S.Ct. at 828. .

1986See, e.g., Powell v. United States, 455 A.2d 405, 411 (D.C.1982); Miller v. United States, 444 A.2d 13, 16 (D.C.1982). .“[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt.” Id., 386 U.S. at 24 , 87 S.Ct. at 828. .

11
United States v. Edward Hursegreen
ca8 · 1973 · cited in 1 District of Columbia opinions naming this issue, 1974–1974
11
Hurse v. United Statesgreen
scotus · 1973 · cited in 1 District of Columbia opinions naming this issue, 1974–1974
11
Wheeler v. Barreragreen
scotus · 1973 · cited in 1 District of Columbia opinions naming this issue, 1974–1974
2 sentences

1974See also United States v. Hurse, 477 F.2d 31, 33 (8th Cir.), cert. denied, 414 U.S. 908 , 94 S.Ct. 245 , 38 L.Ed.2d 146 (1973), where the appellate court entertained the contention of error due to absence from a supplemental suppression hearing raised for the first time on appeal. .Henry v. Mississippi, supra, deals with the preservation of a federal constitutional claim, that of an illegal search, in a state court where it was subject to a state requirement that an objection be raised at the time of the introduction of the evidence.

1974United States v. McPherson, 137 U.S.App.D.C. 192 , 194-195 n. 6, 421 F.2d 1127 , 1129-1130 n. 6 (1969). [8] See also United States v. Hurse, 477 F.2d 31, 33 (8th Cir.), cert. denied, 414 U.S. 908 , 94 S.Ct. 245 , 38 L.Ed.2d 146 (1973), where the appellate court entertained the contention of error due to absence from a supplemental suppression hearing raised for the first time on appeal. [9] Henry v. Mississippi, supra , deals with the preservation of a federal constitutional claim, that of an illegal search, in a state court where it was subject to a state requirement that an objection be rais

11
Lord v. District of Columbiagreen
dc · 1967 · cited in 1 District of Columbia opinions naming this issue, 1968–1968
11
Hall v. United Statesgreen
dc · 1967 · cited in 1 District of Columbia opinions naming this issue, 1968–1968
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 (15)

CaseCitedYears
Oyler v. Boles green
scotus · 1962
2 sentences

1991A party who charges discriminatory application of prose-cutorial discretion to pretrial diversion "carries a heavy burden of proof,” id., for “[t]he conscious exercise of some selectivity in enforcement is not in itself a federal constitutional violation.” Oyler, 368 U.S. at 456 , 82 S.Ct. at 506 .

1991A party who charges discriminatory application of prose-cutorial discretion to pretrial diversion "carries a heavy burden of proof,” id., for “[t]he conscious exercise of some selectivity in enforcement is not in itself a federal constitutional violation.” Oyler, 368 U.S. at 456 , 82 S.Ct. at 506 .

31975–1991
Manns v. Commonwealth green
va · 1972
2 sentences

2018CRIMINAL PROCEDURE § 16:3 (Dec. 2017) (citing Manns v. Virginia, 191 S.E.2d 810 (Va. 1972)). ―This is not a violation of the federal constitutional standard because Virginia authorizes an appeal of right and a trial de novo in the circuit court.

2018CRIMINAL PROCEDURE § 16:3 (Dec. 2017) (citing Manns v. Com., 191 S.E.2d 810 (Va. 1972)). ―This is not a violation of the federal constitutional standard because Virginia authorizes an appeal of right and a trial de novo in the circuit court.

22018–2018
Arizona v. Fulminante green
scotus · 1991
2 sentences

2010Indeed, the defendant’s own confession is probably the most probative and damaging evidence that can be admitted against him.” McCoy v. United States, 890 A.2d 204, 211 (D.C.2006) (quoting Fulminante, supra, 499 U.S. at 296 , 111 S.Ct. 1246 ). 24 “[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt.” Chapman, supra note 3, 386 U.S. at 24, 87 S.Ct. 824 (1967).

2010Indeed, the defendant’s own confession is probably the most probative and damaging evidence that can be admitted against him.” McCoy v. United States, 890 A.2d 204, 211 (D.C.2006) (quoting Fulminante, supra, 499 U.S. at 296 , 111 S.Ct. 1246 ). 24 “[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt.” Chapman, supra note 3, 386 U.S. at 24, 87 S.Ct. 824 (1967).

22010–2010
Kotsch v. District of Columbia green
dc · 2007
1 sentence

2022See Etheredge, 635 A.2d at 916 n.10 (acknowledging that “there are differences between a federal constitutional claim [for excessive force] and a tort suit brought under District of Columbia law”); Kotsch, 924 A.2d at 1047 n.7 (noting the “theoretically different . . . underpinnings between the defense of qualified privilege against common law tort claims and qualified immunity from constitutional claims”).

12022–2022
Williams v. Martinez green
cadc · 2009
1 sentence

2019Cir. 2011) (acknowledging that subsection (g) provides a "safety valve" when the District's courts bar review under § 23-110 of a federal constitutional claim); Williams v. Martinez , 586 F.3d 995 , 999-1000 (D.C.

12019–2019
Ludwig v. Massachusetts green
scotus · 1976
2 sentences

2018The Virginia procedure thus extends beyond the federal standard because it guarantees an eventual right to a jury trial regardless of the length of the possible sentence." Id. (citing Va. Code Ann. §§ 16.1-132 , 16.1-136, and Ludwig v. Massachusetts , 427 U.S. 618 , 96 S.Ct. 2781 , 49 L.Ed.2d 732 (1976) ).

2018The Virginia procedure thus extends beyond the federal standard because it guarantees an eventual right to a jury trial regardless of the length of the possible sentence." Id. (citing Va. Code Ann. §§ 16.1-132 , 16.1-136, and Ludwig v. Massachusetts , 427 U.S. 618 , 96 S.Ct. 2781 , 49 L.Ed.2d 732 (1976) ).

12018–2018
Fahy v. Connecticut green
scotus · 1963
2 sentences

2011We have said that in order to find a non-constitutional error harmless, "we must find it ` highly probable that [that] error did not contribute to the verdict.'" Ellis v. United States, 941 A.2d 1042, 1048 (D.C.2008) (emphasis and brackets in the original; citation omitted). [19] Appellant invokes the standard of harmlessness set forth in Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967): "[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt." Equivalently, the Supreme

2011We have said that in order to find a non-constitutional error harmless, "we must find it ` highly probable that [that] error did not contribute to the verdict.'" Ellis v. United States, 941 A.2d 1042, 1048 (D.C.2008) (emphasis and brackets in the original; citation omitted). [19] Appellant invokes the standard of harmlessness set forth in Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967): "[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt." Equivalently, the Supreme

12011–2011
Rose v. Clark green
scotus · 1986
2 sentences

2006Appellant, relying upon Pope v. Illinois, 481 U.S. 497, 501-04 , 107 S.Ct. 1918 , 95 L.Ed.2d 439 (1987), and Rose v. Clark, 478 U.S. 570, 579 , 106 S.Ct. 3101 , 92 L.Ed.2d 460 (1986), maintains that the "Chapman harmless-beyond-a-reasonable-doubt standard applies” because the "court’s instruction was error of constitutional dimension.” See Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967) (”[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt.”).

2006Appellant, relying upon Pope v. Illinois, 481 U.S. 497, 501-04 , 107 S.Ct. 1918 , 95 L.Ed.2d 439 (1987), and Rose v. Clark, 478 U.S. 570, 579 , 106 S.Ct. 3101 , 92 L.Ed.2d 460 (1986), maintains that the "Chapman harmless-beyond-a-reasonable-doubt standard applies” because the "court’s instruction was error of constitutional dimension.” See Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967) (”[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt.”).

12006–2006
Pope v. Illinois green
scotus · 1987
2 sentences

2006Appellant, relying upon Pope v. Illinois, 481 U.S. 497, 501-04 , 107 S.Ct. 1918 , 95 L.Ed.2d 439 (1987), and Rose v. Clark, 478 U.S. 570, 579 , 106 S.Ct. 3101 , 92 L.Ed.2d 460 (1986), maintains that the "Chapman harmless-beyond-a-reasonable-doubt standard applies” because the "court’s instruction was error of constitutional dimension.” See Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967) (”[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt.”).

2006Appellant, relying upon Pope v. Illinois, 481 U.S. 497, 501-04 , 107 S.Ct. 1918 , 95 L.Ed.2d 439 (1987), and Rose v. Clark, 478 U.S. 570, 579 , 106 S.Ct. 3101 , 92 L.Ed.2d 460 (1986), maintains that the "Chapman harmless-beyond-a-reasonable-doubt standard applies” because the "court’s instruction was error of constitutional dimension.” See Chapman v. California, 386 U.S. 18, 24 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967) (”[B]efore a federal constitutional error can be held harmless, the court must be able to declare a belief that it was harmless beyond a reasonable doubt.”).

12006–2006
Smith v. United States green
dc · 1983
2 sentences

1991A party who charges discriminatory application of prose-cutorial discretion to pretrial diversion "carries a heavy burden of proof,” id., for “[t]he conscious exercise of some selectivity in enforcement is not in itself a federal constitutional violation.” Oyler, 368 U.S. at 456 , 82 S.Ct. at 506 .

1991A party who charges discriminatory application of prosecutorial discretion to pretrial diversion "carries a heavy burden of proof," id., for "[t]he conscious exercise of some selectivity in enforcement is not in itself a federal constitutional violation." Oyler, 368 U.S. at 456 , 82 S.Ct. at 506 .

11991–1991
McNeil v. Director, Patuxent Institution green
scotus · 1972
2 sentences

1989We agree with the United States Court of Appeals for the Ninth Circuit: “Where it is alleged that the duration of an individual’s confinement no longer bears a reasonable relationship to the purpose for which he [or she] is committed a substantial federal constitutional claim relating to denial of due process is present.” Lambert, 545 F.2d at 89 (citing Jackson v. Indiana, 406 U.S. 715 , 92 S.Ct. 1845 , 32 L.Ed.2d 435 (1972); McNeil v. Director, Patuxent Inst., 407 U.S. 245 , 92 S.Ct. 2083 , 32 L.Ed.2d 719 (1972)).

1989We agree with the United States Court of Appeals for the Ninth Circuit: “Where it is alleged that the duration of an individual’s confinement no longer bears a reasonable relationship to the purpose for which he [or she] is committed a substantial federal constitutional claim relating to denial of due process is present.” Lambert, 545 F.2d at 89 (citing Jackson v. Indiana, 406 U.S. 715 , 92 S.Ct. 1845 , 32 L.Ed.2d 435 (1972); McNeil v. Director, Patuxent Inst., 407 U.S. 245 , 92 S.Ct. 2083 , 32 L.Ed.2d 719 (1972)).

11989–1989
Howard A. Lambert v. State of Montana green
ca9 · 1976
2 sentences

1989We agree with the United States Court of Appeals for the Ninth Circuit: “Where it is alleged that the duration of an individual’s confinement no longer bears a reasonable relationship to the purpose for which he [or she] is committed a substantial federal constitutional claim relating to denial of due process is present.” Lambert, 545 F.2d at 89 (citing Jackson v. Indiana, 406 U.S. 715 , 92 S.Ct. 1845 , 32 L.Ed.2d 435 (1972); McNeil v. Director, Patuxent Inst., 407 U.S. 245 , 92 S.Ct. 2083 , 32 L.Ed.2d 719 (1972)).

1989We agree with the United States Court of Appeals for the Ninth Circuit: "Where it is alleged that the duration of an individual's confinement no longer bears a reasonable relationship to the purpose for which he [or she] is committed a substantial federal constitutional claim relating to denial of due process is present." Lambert, 545 F.2d at 89 (citing Jackson v. Indiana, 406 U.S. 715 , 92 S.Ct. 1845 , 32 L.Ed.2d 435 (1972); McNeil v. Director, Patuxent Inst., 407 U.S. 245 , 92 S.Ct. 2083 , 32 L.Ed.2d 719 (1972)).

11989–1989
Jackson v. Indiana green
scotus · 1972
2 sentences

1989We agree with the United States Court of Appeals for the Ninth Circuit: “Where it is alleged that the duration of an individual’s confinement no longer bears a reasonable relationship to the purpose for which he [or she] is committed a substantial federal constitutional claim relating to denial of due process is present.” Lambert, 545 F.2d at 89 (citing Jackson v. Indiana, 406 U.S. 715 , 92 S.Ct. 1845 , 32 L.Ed.2d 435 (1972); McNeil v. Director, Patuxent Inst., 407 U.S. 245 , 92 S.Ct. 2083 , 32 L.Ed.2d 719 (1972)).

1989We agree with the United States Court of Appeals for the Ninth Circuit: “Where it is alleged that the duration of an individual’s confinement no longer bears a reasonable relationship to the purpose for which he [or she] is committed a substantial federal constitutional claim relating to denial of due process is present.” Lambert, 545 F.2d at 89 (citing Jackson v. Indiana, 406 U.S. 715 , 92 S.Ct. 1845 , 32 L.Ed.2d 435 (1972); McNeil v. Director, Patuxent Inst., 407 U.S. 245 , 92 S.Ct. 2083 , 32 L.Ed.2d 719 (1972)).

11989–1989
United States v. William B. McPherson green
cadc · 1969
11974–1974
Fred J. Ford v. United States green
cadc · 1967
11968–1968

Statutes the citing opinions construe

DC § D.C. Code § 22-2103 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

CA 589 (1966–2026) TX 294 (1968–2026) CT 150 (1966–2026) OR 123 (1967–2026) IN 104 (1969–2026) NY 86 (1967–2025) KS 84 (1969–2024) PA 80 (1967–2025) IL 74 (1967–2026) VA 73 (1920–2026) WA 69 (1961–2025) GA 58 (1976–2025) NJ 54 (1967–2025) OH 53 (1968–2025) AL 50 (1947–2024) NH 48 (1983–2017) LA 45 (1969–2018) KY 44 (1968–2025) UT 44 (1988–2025) MI 43 (1966–2025) MD 39 (1962–2024) ND 38 (1964–2025) NC 38 (1971–2024) MO 37 (1958–2020) IA 37 (1974–2023) TN 32 (1970–2025) ID 32 (1970–2021) MA 31 (1967–2025) FL 31 (1936–2025) OK 29 (1962–2025) MT 27 (1971–2010) NM 27 (1967–2025) CO 25 (1970–2026) AZ 25 (1971–2021) DC 25 (1968–2022) WI 24 (1967–2026) MN 24 (1969–2024) MS 24 (1983–2012) AK 20 (1969–2026) RI 19 (1968–2008) WY 17 (1977–2019) WV 17 (1978–2025) AR 15 (1978–2018) ME 13 (1973–2025) SD 13 (1977–2022) SC 11 (1987–2025) NV 10 (1967–2022) VT 10 (1978–2015) NE 10 (1982–2023) HI 9 (1973–2024) DE 7 (1971–2022) VI 4 (2010–2015)

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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