legitimate claim (District of Columbia) · Go Syfert
← District of Columbia issues

legitimate claim in District of Columbia

24 District of Columbia opinions name it 1 courts 1974–2021 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 (15)

CaseFollowedCited
Board of Regents of State Colleges v. Rothgreen
scotus · 1972 · cited in 11 District of Columbia opinions naming this issue, 1982–2020
2 sentences

2020The party “must, instead, have a legitimate claim of entitlement to it.” Id.

2011Consequently, “[t]o trigger due process protection in the area of public employment, an employee must ‘have a legitimate claim of entitlement to [the right or benefit].’ ” Leonard, 794 A.2d at 624 (quoting Roth, 408 U.S. at 577 , 92 S.Ct. 2701 ).

211
Swann v. United Statesgreen
dc · 1994 · cited in 2 District of Columbia opinions naming this issue, 2016–2016
2 sentences

2016See Swann v. United States, 648 A.2d 928 , 930 n.7 (D.C. 1994) (noting that even when the other conditions of a self-defense claim are satisfied, "a defendant cannot claim self-defense if the defendant was the aggressor, or if s/he provoked the conflict upon himself/herself”) (internal quotation marks omitted); see also Andrews, 125 A.3d at 321 (“A legitimate claim of self-defense is not available to a defendant who voluntarily—knowingly and unnecessarily—placed himself in a position where he had reason to believe his presence would provoke the violence from which he then found it necessary to

2016Thus, to defeat appellant’s claim of self-defense and secure a conviction, the government needed to disprove at least one of the four aforementioned conditions beyond a reasonable doubt.7 6 See Swann v. United States, 648 A.2d 928 , 930 n.7 (D.C. 1994) (noting that even when the other conditions of a self-defense claim are satisfied, “a defendant cannot claim self-defense if the defendant was the aggressor, or if s/he provoked the conflict upon himself/herself”) (internal quotation marks omitted); see also Andrews, 125 A.3d at 321 (“A legitimate claim of self-defense is not available to a defe

22
Brandon Andrews v. United Statesgreen
dc · 2015 · cited in 2 District of Columbia opinions naming this issue, 2016–2016
2 sentences

2016See Swann v. United States, 648 A.2d 928 , 930 n.7 (D.C. 1994) (noting that even when the other conditions of a self-defense claim are satisfied, "a defendant cannot claim self-defense if the defendant was the aggressor, or if s/he provoked the conflict upon himself/herself”) (internal quotation marks omitted); see also Andrews, 125 A.3d at 321 (“A legitimate claim of self-defense is not available to a defendant who voluntarily—knowingly and unnecessarily—placed himself in a position where he had reason to believe his presence would provoke the violence from which he then found it necessary to

2016Thus, to defeat appellant’s claim of self-defense and secure a conviction, the government needed to disprove at least one of the four aforementioned conditions beyond a reasonable doubt.7 6 See Swann v. United States, 648 A.2d 928 , 930 n.7 (D.C. 1994) (noting that even when the other conditions of a self-defense claim are satisfied, “a defendant cannot claim self-defense if the defendant was the aggressor, or if s/he provoked the conflict upon himself/herself”) (internal quotation marks omitted); see also Andrews, 125 A.3d at 321 (“A legitimate claim of self-defense is not available to a defe

22
Rorie v. United Statesgreen
dc · 2005 · cited in 2 District of Columbia opinions naming this issue, 2016–2016
2 sentences

2016See Swann v. United States, 648 A.2d 928 , 930 n.7 (D.C. 1994) (noting that even when the other conditions of a self-defense claim are satisfied, "a defendant cannot claim self-defense if the defendant was the aggressor, or if s/he provoked the conflict upon himself/herself”) (internal quotation marks omitted); see also Andrews, 125 A.3d at 321 (“A legitimate claim of self-defense is not available to a defendant who voluntarily—knowingly and unnecessarily—placed himself in a position where he had reason to believe his presence would provoke the violence from which he then found it necessary to

2016Thus, to defeat appellant’s claim of self-defense and secure a conviction, the government needed to disprove at least one of the four aforementioned conditions beyond a reasonable doubt.7 6 See Swann v. United States, 648 A.2d 928 , 930 n.7 (D.C. 1994) (noting that even when the other conditions of a self-defense claim are satisfied, “a defendant cannot claim self-defense if the defendant was the aggressor, or if s/he provoked the conflict upon himself/herself”) (internal quotation marks omitted); see also Andrews, 125 A.3d at 321 (“A legitimate claim of self-defense is not available to a defe

22
Brown v. United Statesgreen
dc · 1992 · cited in 2 District of Columbia opinions naming this issue, 2005–2010
2 sentences

2010“In order to invoke a legitimate claim of self-defense, a defendant must satisfy the following conditions: (1) there was an actual or apparent threat; (2) the threat was unlawful and immediate; (3) the defendant honestly and reasonably believed that he was in imminent danger of death or serious bodily harm; and (4) the defendant’s response was necessary to save himself from the danger.” Brown v. United States, 619 A.2d 1180, 1182 (D.C. 1992). 7 It cannot candidly be said that these criteria had been satisfied when appellant Mack slid the ice pick into his pocket and stepped out of his house in

2005In order to invoke a legitimate claim of self-defense, Scales must establish: “(1) there was an actual or apparent threat; (2) the threat was unlawful and immediate; (3) the defendant honestly and reasonably believed that he was in immi *343 nent danger of death or serious bodily harm; and (4) the defendant’s response was necessary to save himself from the danger.” Brown v. United States, 619 A.2d 1180, 1182 (D.C.1992).

22
Katz v. United Statesgreen
scotus · 1967 · cited in 1 District of Columbia opinions naming this issue, 2021–2021
2 sentences

2021Such inquiry requires examination of a person’s “actual (subjective) expectation of privacy,” Katz v. United States, 389 U.S. 347, 351 (1967) (Harlan, J. concurring), which in turn “society is prepared to recognize as ‘reasonable,’” rendering it a legitimate claim of privacy to be protected from governmental intrusion.

2021Id. at 361 ; see also Rakas, 439 U.S. at 143 n.12.

11
Rakas v. Illinoisgreen
scotus · 1979 · cited in 1 District of Columbia opinions naming this issue, 2021–2021
1 sentence

2021Id. at 361 ; see also Rakas, 439 U.S. at 143 n.12.

11
Troy D. Richardson v. United Statesgreen
dc · 2014 · cited in 1 District of Columbia opinions naming this issue, 2016–2016
1 sentence

2016See Swann, 648 A.2d at 930-33 ; see also Richardson, 98 A.3d at 187 n.11.

11
Binion v. United Statesgreen
dc · 1995 · cited in 1 District of Columbia opinions naming this issue, 2005–2005
1 sentence

2005The right of self-defense “arises only when the necessity begins, and equally ends with the necessity .... ” Binion v. United States, 658 A.2d 187, 192-93 (D.C.1995) (internal marks omitted).

11
Rones v. District of Columbia Department of Housing & Community Developmentgreen
dc · 1985 · cited in 1 District of Columbia opinions naming this issue, 1999–1999
1 sentence

1999Board of Regents v. Roth, 408 U.S. 564, 577 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972) (emphasis added) (quoted in Rones v. District of Columbia Dep’t of Hous. & Community Dev., 500 A.2d 998, 1001 (D.C.1985)).

11
Olim v. Wakinekonagreen
scotus · 1983 · cited in 1 District of Columbia opinions naming this issue, 1996–1996
2 sentences

1996See Olim, 461 U.S. at 250-51 , 103 S.Ct. at 1748 .

1996See Olim, 461 U.S. at 250-51 , 103 S.Ct. at 1748 .

11
McPhaul v. United Statesgreen
dc · 1982 · cited in 1 District of Columbia opinions naming this issue, 1992–1992
1 sentence

1992United States v. Peterson, supra, 157 U.S.App.D.C. at 226-27 , 483 F.2d at 1229-30 ; McPhaul v. United States, 452 A.2d 371, 373 (D.C.1982).

11
Christian J. Camenisch, II v. United States of Americagreen
cadc · 1976 · cited in 1 District of Columbia opinions naming this issue, 1982–1982
2 sentences

1982Board of Regents v. Roth, 408 U.S. 564, 577 , 92 S.Ct. 2701, 2709 , 33 L.Ed.2d 548 (1971); see Perry v. Sindermann, 408 U.S. 593, 601-02 , 92 S.Ct. 2694, 2700 , 33 L.Ed.2d 570 (1972); Camenisch v. United States, 180 U.S.App.D.C. 95, 97, 100 , 553 F.2d 1271, 1273, 1276 (1976).

1982Board of Regents v. Roth, 408 U.S. 564, 577 , 92 S.Ct. 2701, 2709 , 33 L.Ed.2d 548 (1971); see Perry v. Sindermann, 408 U.S. 593, 601-02 , 92 S.Ct. 2694, 2700 , 33 L.Ed.2d 570 (1972); Camenisch v. United States, 180 U.S.App.D.C. 95, 97, 100 , 553 F.2d 1271, 1273, 1276 (1976).

11
Perry v. Sindermanngreen
scotus · 1972 · cited in 1 District of Columbia opinions naming this issue, 1982–1982
2 sentences

1982Board of Regents v. Roth, 408 U.S. 564, 577 , 92 S.Ct. 2701, 2709 , 33 L.Ed.2d 548 (1971); see Perry v. Sindermann, 408 U.S. 593, 601-02 , 92 S.Ct. 2694, 2700 , 33 L.Ed.2d 570 (1972); Camenisch v. United States, 180 U.S.App.D.C. 95, 97, 100 , 553 F.2d 1271, 1273, 1276 (1976).

1982Board of Regents v. Roth, 408 U.S. 564, 577 , 92 S.Ct. 2701, 2709 , 33 L.Ed.2d 548 (1971); see Perry v. Sindermann, 408 U.S. 593, 601-02 , 92 S.Ct. 2694, 2700 , 33 L.Ed.2d 570 (1972); Camenisch v. United States, 180 U.S.App.D.C. 95, 97, 100 , 553 F.2d 1271, 1273, 1276 (1976).

11
Middleton v. United Statesgreen
dc · 1979 · cited in 1 District of Columbia opinions naming this issue, 1982–1982
1 sentence

1982Middleton v. United States, D.C.App., 401 A.2d 109, 125 (1979); Kitt v. United States, D.C.App., 379 A.2d 973 (1977).

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 (12)

CaseCitedYears
Leonard v. District of Columbia green
dc · 2002
2 sentences

2011Consequently, “[t]o trigger due process protection in the area of public employment, an employee must ‘have a legitimate claim of entitlement to [the right or benefit].’ ” Leonard, 794 A.2d at 624 (quoting Roth, 408 U.S. at 577 , 92 S.Ct. 2701 ).

2006“To trigger due process protection in the area of public employment, an employee must ‘have a legitimate claim of entitlement to it.’ ” Leonard, 794 A.2d at 624 (quoting Board of Regents v. Roth, 408 U.S. 564, 577 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 (1972)).

22006–2011
Watson v. Price green
ala · 1978
2 sentences

2010Neither of the "two basic reasons supportive of the rule" given by the Alabama court is present in this case, where the disputed property is no mere *661 "small, land-locked parcel[]” that the prede-cessory "ordinarily[] intended to convey,” id., nor is this a case where the party resisting the claim of ownership by adverse possession (i.e., the Archdiocese) had no interest in making a legitimate claim for itself.

2010Id. at 628 .

12010–2010
Matter of Addams green
dc · 1990
2 sentences

1997Because disbarment for misappropriation is the norm unless it resulted from simple negligence, see In re Addams, 579 A.2d at 191 , it is important, in determining the appropriate sanction, to ascertain whether Haar in fact had a legitimate claim to the settlement proceeds as such, i.e., whether lawyer and client had an understanding that, whatever the attorney's fee turned out to be, it would come from the $20,000 settlement proceeds.

1997Because disbarment for misappropriation is the norm unless it resulted from simple negligence, see In re Addams, 579 A.2d at 191 , it is important, in determining the appropriate sanction, to ascertain whether Haar in fact had a legitimate claim to the settlement proceeds as such, i.e., whether lawyer and client had an understanding that, whatever the attorney’s fee turned out to be, it would come from the $20,000 settlement proceeds.

11997–1997
United States v. Santos Flores-Elias green
ca9 · 1981
1 sentence

1993United States v. Flores-Elias, 650 F.2d 1149 (9th Cir.), cert. denied, 454 U.S. 904 , 102 S.Ct. 412 , 70 L.Ed.2d 223 (1981).

11993–1993
Mathews v. Eldridge green
scotus · 1976
2 sentences

1993Mathews v. Eldridge, 424 U.S. 319, 334-35 , 96 S.Ct. 893, 902 , 47 L.Ed.2d 18 (1976); see also Roth, supra, 408 U.S. at 574-75, 92 S.Ct. at 2708 .

1993Mathews v. Eldridge, 424 U.S. 319, 334-35 , 96 S.Ct. 893, 902 , 47 L.Ed.2d 18 (1976); see also Roth, supra, 408 U.S. at 574-75, 92 S.Ct. at 2708 .

11993–1993
Board of Education of the North Little Rock, Arkansas School District, Et Al. v. Davis Et Al. green
scotus · 1981
1 sentence

1993United States v. Flores-Elias, 650 F.2d 1149 (9th Cir.), cert. denied, 454 U.S. 904 , 102 S.Ct. 412 , 70 L.Ed.2d 223 (1981).

11993–1993
Patterson v. United States green
scotus · 1981
1 sentence

1993United States v. Flores-Elias, 650 F.2d 1149 (9th Cir.), cert. denied, 454 U.S. 904 , 102 S.Ct. 412 , 70 L.Ed.2d 223 (1981).

11993–1993
Molina v. United States green
scotus · 1981
1 sentence

1993United States v. Flores-Elias, 650 F.2d 1149 (9th Cir.), cert. denied, 454 U.S. 904 , 102 S.Ct. 412 , 70 L.Ed.2d 223 (1981).

11993–1993
United States v. Bennie L. Peterson green
cadc · 1973
2 sentences

1992United States v. Peterson, supra, 157 U.S.App.D.C. at 226-27 , 483 F.2d at 1229-30 ; McPhaul v. United States, 452 A.2d 371, 373 (D.C.1982).

1992United States v. Peterson, supra, 157 U.S.App.D.C. at 226-27 , 483 F.2d at 1229-30 ; McPhaul v. United States, 452 A.2d 371, 373 (D.C.1982).

11992–1992
Thompson v. United States green
dc · 1988
2 sentences

1990Thompson, supra, 546 A.2d at 420 . 16 Such a determination is confided to the sound discretion of the trial court.

1990Thompson, supra, 546 A.2d at 420 . 16 Such a determination is confided to the sound discretion of the trial court.

11990–1990
Kitt v. United States green
dc · 1977
1 sentence

1982Middleton v. United States, D.C.App., 401 A.2d 109, 125 (1979); Kitt v. United States, D.C.App., 379 A.2d 973 (1977).

11982–1982
Angarano v. United States green
dc · 1973
2 sentences

1974Presumably it is intended that new PDS *470 counsel will enter an appearance in this case. [ 312 A.2d at 298 n. 2; emphasis added.] Does the court really mean that if on appeal one partner in a law firm considers there is a legitimate claim to be made that he was ineffective at trial he merely turns the case over to his partner to attack his conduct of the trial and the ethical question vanishes?

1974Presumably it is intended that new PDS counsel will enter an appearance in this case. [ 312 A.2d at 298 n. 2; emphasis added.] Does the court really mean that if on appeal one partner in a law firm considers there is a legitimate claim to be made that he was ineffective at trial he merely turns the case over to his partner to attack his conduct of the trial and the ethical question vanishes?

11974–1974

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

TX 142 (1883–2026) IL 129 (1871–2025) NY 111 (1906–2026) PA 103 (1899–2025) CA 101 (1933–2026) IN 69 (1930–2026) WA 62 (1969–2024) MI 57 (1974–2025) NJ 49 (1923–2026) OH 44 (1977–2024) MO 44 (1880–2024) FL 41 (1931–2026) MS 41 (1977–2024) CT 39 (1871–2026) GA 37 (1976–2025) NM 36 (1954–2026) WV 36 (1928–2021) MA 32 (1977–2020) MD 29 (1864–2021) LA 28 (1926–2023) CO 28 (1952–2025) MN 27 (1979–2024) ID 26 (1975–2024) NC 26 (1905–2026) RI 26 (1978–2015) DC 24 (1974–2021) MT 24 (1980–2019) HI 22 (1985–2025) KS 22 (1895–2022) WI 21 (1976–2021) TN 21 (1938–2026) AL 19 (1871–2016) AZ 19 (1969–2021) UT 18 (1969–2026) OR 18 (1968–2025) KY 18 (1853–2025) IA 17 (1903–2018) OK 16 (1929–2023) WY 14 (1983–2025) NE 13 (1935–2017) ME 12 (1984–2024) DE 11 (1983–2025) SD 10 (1950–2014) NH 10 (1975–2021) VA 10 (1993–2023) SC 8 (1984–2026) VT 7 (1993–2024) ND 6 (1970–2010) NV 5 (1981–2017) AK 4 (1978–2025) AR 3 (1980–2017) VI 3 (2015–2025)

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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