substance claim in Idaho

22 Idaho opinions name it 2 courts 1905–2019 0 in the last five years

The cases below were cited by Idaho 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 (4)

Case	Followed	Cited
Fenstermaker v. Stategreen idahoctapp · 1995 · cited in 2 Idaho opinions naming this issue, 2001–2002 2 sentences 2002Fenstermaker v. State, 128 Idaho 285 , 912 P.2d 653 (Ct.App.1995). 2002Fenstermaker v. State, 128 Idaho 285 , 912 P.2d 653 (Ct.App.1995).	1	2
Nerco Minerals Co. v. Morrison Knudsen Corp.green idaho · 2004 · cited in 1 Idaho opinions naming this issue, 2011–2011 2 sentences 2011The appropriate statute of limitation is determined by the substance of the claim, not the form of the action, and “[t]he first analytical step is to classify [the] cause of action so the applicable statute of limitations can be used to determine whether the claim is time barred.” Nerco Minerals Co. v. Morrison Knudsen Corp., 140 Idaho 144, 148 , 90 P.3d 894, 898 (2004). 2011The appropriate statute of limitation is determined by the substance of the claim, not the form of the action, and “[t]he first analytical step is to classify [the] cause of action so the applicable statute of limitations can be used to determine whether the claim is time barred.” Nerco Minerals Co. v. Morrison Knudsen Corp., 140 Idaho 144, 148 , 90 P.3d 894, 898 (2004).	1	1
Gaenzele v. B. E. Wallace Products Corp.green illappct · 1976 · cited in 1 Idaho opinions naming this issue, 1983–1983 2 sentences 1983Gaenzele v. Wallace Products Corp., 39 Ill. 1983Gaenzele v. Wallace Products Corp., 39 Ill.App.3d 93 , 350 N.E.2d 571, 576 (1976); Pyatt v. Engel Equipment, Inc., 17 Ill.App.3d 1070 , 309 N.E.2d 225 (1974).	1	1
Trio Process Corporation, in No. 71-1295 v. L. Goldstein's Sons, Inc., in No. 71-1296green ca3 · 1972 · cited in 1 Idaho opinions naming this issue, 1974–1974 1 sentence 1974Goldstein’s Sons, Inc., 461 F.2d 66, 75 (3rd Cir. 1972) the court stated: “The doctrine of file-wrapper estoppel provides that where a patentee abandons or redrafts a claim more narrowly to avoid rejection on the basis of prior art, then the substance of the claim as originally drafted that was thereby excluded cannot be recaptured by resort to the doctrine of equivalents. [Citing cases], “The doctrine is based on the theory that the prior art is either in the public domain or already patented, so that the patentee may not claim it as part of his invention.	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Idaho. Read the followed side critically anyway.

Also cited on this issue (25)

Case	Cited	Years
State v. Strand green idaho · 2002 2 sentences 2013Miller, 151 Idaho at 836 , 264 P.3d at 943 ; Strand, 137 Idaho at 461 , 50 P.3d at 476 . 2013Miller, 151 Idaho at 836 , 264 P.3d at 943 ; Strand, 137 Idaho at 461 , 50 P.3d at 476 .	5	2011–2013
State v. Miller green idaho · 2011 2 sentences 2013Miller, 151 Idaho at 836 , 264 P.3d at 943 ; Strand, 137 Idaho at 461 , 50 P.3d at 476 . 2013Miller, 151 Idaho at 836 , 264 P.3d at 943 ; Strand, 137 Idaho at 461 , 50 P.3d at 476 .	3	2013–2013
State v. Charlynda Goggin green idaho · 2014 2 sentences 2015Goggin, 157 Idaho at 7 , 333 P.3d at 118 . 2015Goggin, 157 Idaho at 7 , 333 P.3d at 118 .	2	2015–2015
State v. Jakoski green idaho · 2003 1 sentence 2019Although the substance of the claim was a claim also typically raised in post-conviction proceedings, the Court held that “it would be too much of a stretch to hold that a motion filed in a criminal case can be considered as a pleading commencing civil litigation.” Id.	1	2019–2019
State v. Shannon Marie McKean green idaho · 2015 2 sentences 2017Citing State v. McKean, 159 Idaho 75 , 356 P.3d 368 (2015), Heiner asserted that I.C. § 18-201 was the statutory basis for a defense based upon a mistake of fact, such that a defendant’s ignorance of the identity of a substance would be a defense to a possession charge. 2017Citing State v. McKean, 159 Idaho 75 , 356 P.3d 368 (2015), Heiner asserted that I.C. § 18-201 was the statutory basis for a defense based upon a mistake of fact, such that a defendant’s ignorance of the identity of a substance would be a defense to a possession charge.	1	2017–2017
Small v. State green idahoctapp · 1998 1 sentence 2014In that appeal, Joyner complained that a “prospective juror revealed that he had prior experience in law enforcement, had been involved in domestic violence situations, and could not be a fair juror because he believed that there had been ‘priors’ and that he would believe police officers over other witnesses.” Id.	1	2014–2014
United States v. Cook green scotus · 1872 1 sentence 2013In addressing this issue, the Idaho Supreme Court quoted with approval from the United States Supreme Court’s decision in United States v. Cook, 84 U.S. 168 (1872), which said that the proper inquiry is . . . whether the exception is so incorporated with the substance of the clause defining the offense as to constitute a material part of the description of the acts, omission, or other ingredients which constitute the offense.	1	2013–2013
Anthony Moos v. United States green ca8 · 1955 2 sentences 1986Hughes v. United States, 662 F.2d 219 (4th Cir.1981), discussed in text, supra at 1246; Doe v. United States, 769 F.2d 174 (4th Cir.1985), discussed infra at n. 3; Garcia v. United States, 776 F.2d 116 (5th Cir.1985), discussed in text, infra at 1258; Gaudet v. United States, 517 F.2d 1034 (5th Cir.1975) (court found without merit plaintiff's argument that his claim was grounded in negligence, not in an intentional tort, holding that "the substance of the claim and not the language used in stating it ... controls ... [and] no legal alchemy can transform it into a negligence action and confer j 1986Hughes v. United States, 662 F.2d 219 (4th Cir.1981), discussed in text, supra at 1246; Doe v. United States, 769 F.2d 174 (4th Cir.1985), discussed infra at n. 3; Garcia v. United States, 776 F.2d 116 (5th Cir.1985), discussed in text, infra at 1258; Gaudet v. United States, 517 F.2d 1034 (5th Cir.1975) (court found without merit plaintiffs argument that his claim was grounded in negligence not in an intentional tort, holding that "the substance of the claim and not the language used in stating it ... controls ... [and] no legal alchemy can transform it into a negligence action and confer jur	1	1986–1986
Naisbitt v. United States green ca10 · 1980 2 sentences 1986Hughes v. United States, 662 F.2d 219 (4th Cir.1981), discussed in text, supra at 1246; Doe v. United States, 769 F.2d 174 (4th Cir.1985), discussed infra at n. 3; Garcia v. United States, 776 F.2d 116 (5th Cir.1985), discussed in text, infra at 1258; Gaudet v. United States, 517 F.2d 1034 (5th Cir.1975) (court found without merit plaintiff's argument that his claim was grounded in negligence, not in an intentional tort, holding that "the substance of the claim and not the language used in stating it ... controls ... [and] no legal alchemy can transform it into a negligence action and confer j 1986Hughes v. United States, 662 F.2d 219 (4th Cir.1981), discussed in text, supra at 1246; Doe v. United States, 769 F.2d 174 (4th Cir.1985), discussed infra at n. 3; Garcia v. United States, 776 F.2d 116 (5th Cir.1985), discussed in text, infra at 1258; Gaudet v. United States, 517 F.2d 1034 (5th Cir.1975) (court found without merit plaintiffs argument that his claim was grounded in negligence not in an intentional tort, holding that "the substance of the claim and not the language used in stating it ... controls ... [and] no legal alchemy can transform it into a negligence action and confer jur	1	1986–1986
Walter Lojuk v. Marjorie Quandt, Director of the Veterans Administration Hospital green ca7 · 1983 2 sentences 1986Hughes v. United States, 662 F.2d 219 (4th Cir.1981), discussed in text, supra at 1246; Doe v. United States, 769 F.2d 174 (4th Cir.1985), discussed infra at n. 3; Garcia v. United States, 776 F.2d 116 (5th Cir.1985), discussed in text, infra at 1258; Gaudet v. United States, 517 F.2d 1034 (5th Cir.1975) (court found without merit plaintiff's argument that his claim was grounded in negligence, not in an intentional tort, holding that "the substance of the claim and not the language used in stating it ... controls ... [and] no legal alchemy can transform it into a negligence action and confer j 1986Hughes v. United States, 662 F.2d 219 (4th Cir.1981), discussed in text, supra at 1246; Doe v. United States, 769 F.2d 174 (4th Cir.1985), discussed infra at n. 3; Garcia v. United States, 776 F.2d 116 (5th Cir.1985), discussed in text, infra at 1258; Gaudet v. United States, 517 F.2d 1034 (5th Cir.1975) (court found without merit plaintiffs argument that his claim was grounded in negligence not in an intentional tort, holding that "the substance of the claim and not the language used in stating it ... controls ... [and] no legal alchemy can transform it into a negligence action and confer jur	1	1986–1986
Mary Doe v. United States green ca4 · 1985 2 sentences 1986Hughes v. United States, 662 F.2d 219 (4th Cir.1981), discussed in text, supra at 1246; Doe v. United States, 769 F.2d 174 (4th Cir.1985), discussed infra at n. 3; Garcia v. United States, 776 F.2d 116 (5th Cir.1985), discussed in text, infra at 1258; Gaudet v. United States, 517 F.2d 1034 (5th Cir.1975) (court found without merit plaintiff's argument that his claim was grounded in negligence, not in an intentional tort, holding that "the substance of the claim and not the language used in stating it ... controls ... [and] no legal alchemy can transform it into a negligence action and confer j 1986Hughes v. United States, 662 F.2d 219 (4th Cir.1981), discussed in text, supra at 1246; Doe v. United States, 769 F.2d 174 (4th Cir.1985), discussed infra at n. 3; Garcia v. United States, 776 F.2d 116 (5th Cir.1985), discussed in text, infra at 1258; Gaudet v. United States, 517 F.2d 1034 (5th Cir.1975) (court found without merit plaintiffs argument that his claim was grounded in negligence not in an intentional tort, holding that "the substance of the claim and not the language used in stating it ... controls ... [and] no legal alchemy can transform it into a negligence action and confer jur	1	1986–1986
Garcia v. United States green ca5 · 1985 2 sentences 1986Hughes v. United States, 662 F.2d 219 (4th Cir.1981), discussed in text, supra at 1246; Doe v. United States, 769 F.2d 174 (4th Cir.1985), discussed infra at n. 3; Garcia v. United States, 776 F.2d 116 (5th Cir.1985), discussed in text, infra at 1258; Gaudet v. United States, 517 F.2d 1034 (5th Cir.1975) (court found without merit plaintiff's argument that his claim was grounded in negligence, not in an intentional tort, holding that "the substance of the claim and not the language used in stating it ... controls ... [and] no legal alchemy can transform it into a negligence action and confer j 1986Hughes v. United States, 662 F.2d 219 (4th Cir.1981), discussed in text, supra at 1246; Doe v. United States, 769 F.2d 174 (4th Cir.1985), discussed infra at n. 3; Garcia v. United States, 776 F.2d 116 (5th Cir.1985), discussed in text, infra at 1258; Gaudet v. United States, 517 F.2d 1034 (5th Cir.1975) (court found without merit plaintiffs argument that his claim was grounded in negligence not in an intentional tort, holding that "the substance of the claim and not the language used in stating it ... controls ... [and] no legal alchemy can transform it into a negligence action and confer jur	1	1986–1986
Edwin M. Gaudet v. United States green ca5 · 1975 2 sentences 1986Hughes v. United States, 662 F.2d 219 (4th Cir.1981), discussed in text, supra at 1246; Doe v. United States, 769 F.2d 174 (4th Cir.1985), discussed infra at n. 3; Garcia v. United States, 776 F.2d 116 (5th Cir.1985), discussed in text, infra at 1258; Gaudet v. United States, 517 F.2d 1034 (5th Cir.1975) (court found without merit plaintiff's argument that his claim was grounded in negligence, not in an intentional tort, holding that "the substance of the claim and not the language used in stating it ... controls ... [and] no legal alchemy can transform it into a negligence action and confer j 1986Hughes v. United States, 662 F.2d 219 (4th Cir.1981), discussed in text, supra at 1246; Doe v. United States, 769 F.2d 174 (4th Cir.1985), discussed infra at n. 3; Garcia v. United States, 776 F.2d 116 (5th Cir.1985), discussed in text, infra at 1258; Gaudet v. United States, 517 F.2d 1034 (5th Cir.1975) (court found without merit plaintiffs argument that his claim was grounded in negligence not in an intentional tort, holding that "the substance of the claim and not the language used in stating it ... controls ... [and] no legal alchemy can transform it into a negligence action and confer jur	1	1986–1986
Peter L. Johnson v. United States green cadc · 1976 2 sentences 1986Hughes v. United States, 662 F.2d 219 (4th Cir.1981), discussed in text, supra at 1246; Doe v. United States, 769 F.2d 174 (4th Cir.1985), discussed infra at n. 3; Garcia v. United States, 776 F.2d 116 (5th Cir.1985), discussed in text, infra at 1258; Gaudet v. United States, 517 F.2d 1034 (5th Cir.1975) (court found without merit plaintiff's argument that his claim was grounded in negligence, not in an intentional tort, holding that "the substance of the claim and not the language used in stating it ... controls ... [and] no legal alchemy can transform it into a negligence action and confer j 1986Hughes v. United States, 662 F.2d 219 (4th Cir.1981), discussed in text, supra at 1246; Doe v. United States, 769 F.2d 174 (4th Cir.1985), discussed infra at n. 3; Garcia v. United States, 776 F.2d 116 (5th Cir.1985), discussed in text, infra at 1258; Gaudet v. United States, 517 F.2d 1034 (5th Cir.1975) (court found without merit plaintiffs argument that his claim was grounded in negligence not in an intentional tort, holding that "the substance of the claim and not the language used in stating it ... controls ... [and] no legal alchemy can transform it into a negligence action and confer jur	1	1986–1986
Hughes v. United States green ca4 · 1981 2 sentences 1986Hughes v. United States, 662 F.2d 219 (4th Cir.1981), discussed in text, supra at 1246; Doe v. United States, 769 F.2d 174 (4th Cir.1985), discussed infra at n. 3; Garcia v. United States, 776 F.2d 116 (5th Cir.1985), discussed in text, infra at 1258; Gaudet v. United States, 517 F.2d 1034 (5th Cir.1975) (court found without merit plaintiff's argument that his claim was grounded in negligence, not in an intentional tort, holding that "the substance of the claim and not the language used in stating it ... controls ... [and] no legal alchemy can transform it into a negligence action and confer j 1986Hughes v. United States, 662 F.2d 219 (4th Cir.1981), discussed in text, supra at 1246; Doe v. United States, 769 F.2d 174 (4th Cir.1985), discussed infra at n. 3; Garcia v. United States, 776 F.2d 116 (5th Cir.1985), discussed in text, infra at 1258; Gaudet v. United States, 517 F.2d 1034 (5th Cir.1975) (court found without merit plaintiffs argument that his claim was grounded in negligence not in an intentional tort, holding that "the substance of the claim and not the language used in stating it ... controls ... [and] no legal alchemy can transform it into a negligence action and confer jur	1	1986–1986
Pyatt v. Engel Equipment, Inc. green illappct · 1974 2 sentences 1983Gaenzele v. Wallace Products Corp., 39 Ill.App.3d 93 , 350 N.E.2d 571, 576 (1976); Pyatt v. Engel Equipment, Inc., 17 Ill.App.3d 1070 , 309 N.E.2d 225 (1974). 1983Gaenzele v. Wallace Products Corp., 39 Ill.App.3d 93 , 350 N.E.2d 571, 576 (1976); Pyatt v. Engel Equipment, Inc., 17 Ill.App.3d 1070 , 309 N.E.2d 225 (1974).	1	1983–1983
Donovan v. Miller green idaho · 1906 2 sentences 1950The rule is stated in 49 C.J.S., Judgments, § 368, pp 727-728, as follows: “It is not sufficient ground for relief in equity that a judgment was obtained against a party in consequence of the neglect, inattention, mistake, or incompetence of his attorney, unless it was caused by the opposite party, the fault of the attorney being attributed to the party himself.” The substance of this rule is adhered to in Donovan v. Miller, 12 Idaho 600 , 88 P. 82 , 9 L.R.A., N.S., 524. 1950The rule is stated in 49 C.J.S., Judgments, § 368, pp 727-728, as follows: “It is not sufficient ground for relief in equity that a judgment was obtained against a party in consequence of the neglect, inattention, mistake, or incompetence of his attorney, unless it was caused by the opposite party, the fault of the attorney being attributed to the party himself.” The substance of this rule is adhered to in Donovan v. Miller, 12 Idaho 600 , 88 P. 82 , 9 L.R.A., N.S., 524.	1	1950–1950
Harper v. Dotson neutral · 1920 2 sentences 1922But if, as in most cases, that statute simply provides that certain acts or things shall be done within a particular time or in a particular manner, and does not declare that their performance is essential to the validity of the election, then they will be regarded as mandatory if they do, and directory if they do not, affect the actual merits of the election.” ° The substance of this rule has been affirmed by this court in Harper v. Dotson, 32 Ida. 616, 620 , 187 Pac. 270 . 1922But if, as in most cases, that statute simply provides that certain acts or things shall be done within a particular time or in a particular manner, and does not declare that their performance is essential to the validity of the election, then they will be regarded as mandatory if they do, and directory if they do not, affect the actual merits of the election.” ° The substance of this rule has been affirmed by this court in Harper v. Dotson, 32 Ida. 616, 620 , 187 Pac. 270 .	1	1922–1922
State v. Bruce neutral idaho · 1909 2 sentences 1921The court in the case of Bellevue State Bank v. Coffin, supra, distinguished the case of State v. Bruce, 17 Ida. 1 , 102 Pac. 831 , and limited its application to the ease of a deposit of public funds in a bank in violation of a statute. 1921The court in the case of Bellevue State Bank v. Coffin, supra, distinguished the case of State v. Bruce, 17 Ida. 1 , 102 Pac. 831 , and limited its application to the ease of a deposit of public funds in a bank in violation of a statute.	1	1921–1921
Bellevue State Bank v. Coffin green idaho · 1912 2 sentences 1921I. 352, 27 Atl. 443 .) ” This is in substance the rule as announced by this court in the case of Bellevue State Bank v. Coffin, 22 Ida. 210 , 125 Pac. 816 , which was followed and approved in Russell v. Bank of Nampa, Ltd., 31 Ida. 59 , 169 Pac. 180 . 1921I. 352, 27 Atl. 443 .) ” This is in substance the rule as announced by this court in the case of Bellevue State Bank v. Coffin, 22 Ida. 210 , 125 Pac. 816 , which was followed and approved in Russell v. Bank of Nampa, Ltd., 31 Ida. 59 , 169 Pac. 180 .	1	1921–1921
Russell v. Bank of Nampa, Ltd. green · 1917 2 sentences 1921I. 352, 27 Atl. 443 .) ” This is in substance the rule as announced by this court in the case of Bellevue State Bank v. Coffin, 22 Ida. 210 , 125 Pac. 816 , which was followed and approved in Russell v. Bank of Nampa, Ltd., 31 Ida. 59 , 169 Pac. 180 . 1921I. 352, 27 Atl. 443 .) ” This is in substance the rule as announced by this court in the case of Bellevue State Bank v. Coffin, 22 Ida. 210 , 125 Pac. 816 , which was followed and approved in Russell v. Bank of Nampa, Ltd., 31 Ida. 59 , 169 Pac. 180 .	1	1921–1921
Slater v. the Oriental Mills neutral ri · 1893 1 sentence 1921I. 352, 27 Atl. 443 .) ” This is in substance the rule as announced by this court in the case of Bellevue State Bank v. Coffin, 22 Ida. 210 , 125 Pac. 816 , which was followed and approved in Russell v. Bank of Nampa, Ltd., 31 Ida. 59 , 169 Pac. 180 .	1	1921–1921
Crow v. State green tex · 1874 1 sentence 1912(People v. Montgomery, 15 Cal. App. 315 , 114 Pac. 792 ; Crow v. State, 41 Tex. 468 .) It is urged upon the part of the appellant that the trial court erred in refusing to give an instruction requested by the appellant as follows: “Before you are entitled to find the defendant guilty you must find from the evidence, beyond a reasonable doubt, that the gun pointed by defendant at James A. Percy was a loaded gun, and that there was an attempt on the part of the defendant to discharge it.” The substance of this instruction was given by the court in the instruction to the jury as follows: ‘ ‘ Cons	1	1912–1912
People v. Montgomery green calctapp · 1911 2 sentences 1912(People v. Montgomery, 15 Cal. App. 315 , 114 Pac. 792 ; Crow v. State, 41 Tex. 468 .) It is urged upon the part of the appellant that the trial court erred in refusing to give an instruction requested by the appellant as follows: “Before you are entitled to find the defendant guilty you must find from the evidence, beyond a reasonable doubt, that the gun pointed by defendant at James A. Percy was a loaded gun, and that there was an attempt on the part of the defendant to discharge it.” The substance of this instruction was given by the court in the instruction to the jury as follows: ‘ ‘ Cons 1912(People v. Montgomery, 15 Cal. App. 315 , 114 Pac. 792 ; Crow v. State, 41 Tex. 468 .) It is urged upon the part of the appellant that the trial court erred in refusing to give an instruction requested by the appellant as follows: “Before you are entitled to find the defendant guilty you must find from the evidence, beyond a reasonable doubt, that the gun pointed by defendant at James A. Percy was a loaded gun, and that there was an attempt on the part of the defendant to discharge it.” The substance of this instruction was given by the court in the instruction to the jury as follows: ‘ ‘ Cons	1	1912–1912
Holland Bank v. Lieuallen neutral idaho · 1898 2 sentences 1905This court in Holland Bank v. Lieuallen, 6 Idaho, 127 , 53 Pac. 398 , in considering the showing necessary to be made under this statute, said: “Correct practice and the rule in this state to be followed is that, in addition to showing one of the grounds mentioned in section 4229 of the Revised Statutes, the defendant must, in his affidavit of merits, state the facts upon which his defense is based — -must set forth the substance of his defense, so that the court may judge for itself whether the alleged defense is frivolous or meritorious. 1905This court in Holland Bank v. Lieuallen, 6 Idaho, 127 , 53 Pac. 398 , in considering the showing necessary to be made under this statute, said: “Correct practice and the rule in this state to be followed is that, in addition to showing one of the grounds mentioned in section 4229 of the Revised Statutes, the defendant must, in his affidavit of merits, state the facts upon which his defense is based — -must set forth the substance of his defense, so that the court may judge for itself whether the alleged defense is frivolous or meritorious.	1	1905–1905

Statutes the citing opinions construe

ID § Idaho Code § 19-2523 (7) ID § Idaho Code § 18-114 (3) ID § Idaho Code § 18-201 (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

IN 372 (1892–2025) TX 273 (1878–2026) CA 128 (1911–2026) IL 101 (1875–2026) NY 69 (1865–2026) PA 64 (1870–2026) CT 48 (1896–2025) CO 45 (1910–2026) OR 40 (1928–2026) NJ 38 (1950–2026) OH 35 (1900–2026) MI 34 (1892–2025) FL 33 (1946–2026) NC 31 (1931–2025) TN 31 (1907–2017) MO 31 (1867–2025) MA 29 (1895–2024) AL 29 (1897–2025) IA 28 (1871–2026) AZ 25 (1965–2025) OK 24 (1913–2017) MD 24 (1914–2026) MN 22 (1892–2026) MS 22 (1969–2024) ID 22 (1905–2019) GA 21 (1935–2024) WI 19 (1906–2026) WV 18 (1925–2025) WA 17 (1925–2021) KS 17 (1922–2006) VA 15 (1936–2024) LA 14 (1934–2020) ME 14 (1968–2026) NM 14 (1922–2024) NE 14 (1905–2021) UT 13 (1925–2025) DC 10 (1973–2021) KY 10 (1912–2021) ND 10 (1982–2015) AR 10 (1906–2017) SC 8 (1950–2024) DE 8 (1936–2026) NV 7 (1977–2021) VT 7 (1898–2026) RI 7 (1890–2016) HI 6 (1973–2010) SD 6 (1912–2021) NH 4 (1845–2012) WY 4 (1958–2020) AK 3 (1979–2024) MT 3 (1940–2022)

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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