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18 District of Columbia opinions name it 1 courts 1946–2018 0 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.
| Case | Followed | Cited |
|---|---|---|
Sessions v. Dimayagreen2 sentences2018No. 104- 132, 110 Stat. 1214 , 1274 (codified as amended at 8 U.S.C. § 1227 (a)(2)(A)(i)(II) (2012)). 21 assistance of counsel, id. at 366 , is equally ill-suited to evaluating a claim to a jury trial, which is another in the group of rights guaranteed by the Sixth Amendment to the accused in a criminal prosecution. 20 Cf. Dimaya, 584 U.S. at ____, 138 S. Ct. at 1212-13 (noting government‘s civil/criminal distinction and rejecting the argument that because deportation is a civil sanction, a less searching standard should apply in a due process evaluation of a void-for-vagueness challenge under 2018The civil/criminal distinction the Court said in Padilla is "ill suited" to evaluating a Sixth Amendment claim of ineffective assistance of counsel, Padilla at 366, 130 S.Ct. 1473 , is equally ill-suited to evaluating a claim to a jury trial, which is another in the group of rights guaranteed by the Sixth Amendment to the accused in a criminal prosecution. 20 Cf. Dimaya , 584 U.S. at ----, 138 S.Ct. at 1212-13 (noting government's civil/criminal distinction and rejecting the argument that because deportation is a civil sanction, a less searching standard should apply in a due process evaluatio | 2 | 2 |
Griffin v. United Statesgreen2 sentences1994Finally, "where [as here] basic constitutional liberties are implicated, a more searching standard of review may be warranted." Griffin, supra, 618 A.2d at 118 (citations omitted). 1994Finally, "where [as here] basic constitutional liberties are implicated, a more searching standard of review may be warranted." Griffin, supra, 618 A.2d at 118 (citations omitted). | 1 | 2 |
Padilla v. Kentuckygreen1 sentence2018The civil/criminal distinction the Court said in Padilla is "ill suited" to evaluating a Sixth Amendment claim of ineffective assistance of counsel, Padilla at 366, 130 S.Ct. 1473 , is equally ill-suited to evaluating a claim to a jury trial, which is another in the group of rights guaranteed by the Sixth Amendment to the accused in a criminal prosecution. 20 Cf. Dimaya , 584 U.S. at ----, 138 S.Ct. at 1212-13 (noting government's civil/criminal distinction and rejecting the argument that because deportation is a civil sanction, a less searching standard should apply in a due process evaluatio | 1 | 1 |
Watergate East Committee Against Hotel Conversion to Co-Op Apartments v. District of Columbia Zoning Commissiongreen2 sentences2014The court has explained that the more searching inquiry is intended to ensure “that the findings and conclusions ultimately represent the [decisionmaker’s] own determinations.” Watergate East, 953 A.2d at 1045 (internal quotation marks omitted). 2014The court has explained that the more searching inquiry is intended to ensure “that the findings and conclusions ultimately represent the [decisionmaker’s] own determinations.” Watergate East, 953 A.2d at 1045 (internal quotation marks omitted). | 1 | 1 |
Montgomery v. United Statesgreen1 sentence2004The court then will be in a position to decide, in the exercise of its informed discretion, whether ... the government violated its “duty of preservation.” Id. (citing Montgomery v. United States, 384 A.2d 655, 662 (D.C.1978) (indicating that the court should consider the totality of the circumstances, including the government’s bad faith or negligence, when determining, in its discretion, the appropriate sanction to be imposed for a violation of the preservation rule)). | 1 | 1 |
Farrell v. United Statesgreen2 sentences1995Even on the basis of the pretrial record developed, it appears that counsel was “unprepared to give effective representation at trial, [and] appellant was constitutionally entitled to the appointment of new counsel.” Farrell v. United States, 391 A.2d 755, 762 (D.C.1978). 1995Even on the basis of the pretrial record developed, it appears that counsel was "unprepared to give effective representation at trial, [and] appellant was constitutionally entitled to the appointment of new counsel." Farrell v. United States, 391 A.2d 755, 762 (D.C.1978). | 1 | 1 |
Miller v. United Statesgreen2 sentences1993It is very desirable as an aid to appellate review that the facts concerning the required preliminary steps to entry should be developed and the factors relied on by the prosecution should appear in the record and be the subject of findings.” See Griffin v. United States, 618 A.2d 114 (D.C.1992) (“where basic constitutional liberties are implicated, a more searching standard of review may be warranted”) (citing Ker v. California, 374 U.S. 23, 33-34 , 83 S.Ct. 1623, 1630 , 10 L.Ed.2d 726 (1963); United States v. Rodriguez, 663 F.Supp. 585, 588 (D.C.1987) (“Given the important purposes behind 31 1993It is very desirable as an aid to appellate review that the facts concerning the required preliminary steps to entry should be developed and the factors relied on by the prosecution should appear in the record and be the subject of findings.” See Griffin v. United States, 618 A.2d 114 (D.C.1992) (“where basic constitutional liberties are implicated, a more searching standard of review may be warranted”) (citing Ker v. California, 374 U.S. 23, 33-34 , 83 S.Ct. 1623, 1630 , 10 L.Ed.2d 726 (1963); United States v. Rodriguez, 663 F.Supp. 585, 588 (D.C.1987) (“Given the important purposes behind 31 | 1 | 1 |
United States v. Robert H. Davis, United States of America v. George D. Gelestinogreen2 sentences1993It is very desirable as an aid to appellate review that the facts concerning the required preliminary steps to entry should be developed and the factors relied on by the prosecution should appear in the record and be the subject of findings.” See Griffin v. United States, 618 A.2d 114 (D.C.1992) (“where basic constitutional liberties are implicated, a more searching standard of review may be warranted”) (citing Ker v. California, 374 U.S. 23, 33-34 , 83 S.Ct. 1623, 1630 , 10 L.Ed.2d 726 (1963); United States v. Rodriguez, 663 F.Supp. 585, 588 (D.C.1987) (“Given the important purposes behind 31 1993It is very desirable as an aid to appellate review that the facts concerning the required preliminary steps to entry should be developed and the factors relied on by the prosecution should appear in the record and be the subject of findings.” See Griffin v. United States, 618 A.2d 114 (D.C.1992) (“where basic constitutional liberties are implicated, a more searching standard of review may be warranted”) (citing Ker v. California, 374 U.S. 23, 33-34 , 83 S.Ct. 1623, 1630 , 10 L.Ed.2d 726 (1963); United States v. Rodriguez, 663 F.Supp. 585, 588 (D.C.1987) (“Given the important purposes behind 31 | 1 | 1 |
United States v. Rodriguezgreen2 sentences1993It is very desirable as an aid to appellate review that the facts concerning the required preliminary steps to entry should be developed and the factors relied on by the prosecution should appear in the record and be the subject of findings.” See Griffin v. United States, 618 A.2d 114 (D.C.1992) (“where basic constitutional liberties are implicated, a more searching standard of review may be warranted”) (citing Ker v. California, 374 U.S. 23, 33-34 , 83 S.Ct. 1623, 1630 , 10 L.Ed.2d 726 (1963); United States v. Rodriguez, 663 F.Supp. 585, 588 (D.C.1987) (“Given the important purposes behind 31 1993It is very desirable as an aid to appellate review that the facts concerning the required preliminary steps to entry should be developed and the factors relied on by the prosecution should appear in the record and be the subject of findings." See Griffin v. United States, 618 A.2d 114 (D.C.1992) ("where basic constitutional liberties are implicated, a more searching standard of review may be warranted") (citing Ker v. California, 374 U.S. 23, 33-34 , 83 S.Ct. 1623, 1630 , 10 L.Ed.2d 726 (1963); United States v. Rodriguez, 663 F.Supp. 585, 588 (D.C.1987) ("Given the important purposes behind 31 | 1 | 1 |
Wilson v. United Statesgreen2 sentences1991Where no promise of immunity is made, the trial judge has the burden to “undertake a searching inquiry,” while construing the Fifth Amendment liberally and confining its protection to instances in which the witness “has reasonable cause to apprehend danger from a direct answer.” Wilson, supra, 558 A.2d at 1141 (citations omitted). 1991Where no promise of immunity is made, the trial judge has the burden to “undertake a searching inquiry,” while construing the Fifth Amendment liberally and confining its protection to instances in which the witness “has reasonable cause to apprehend danger from a direct answer.” Wilson, supra, 558 A.2d at 1141 (citations omitted). | 1 | 1 |
Jaggers v. United Statesgreen2 sentences1989Mason v. United States, 244 U.S. 362, 364 , 37 S.Ct. 621, 622 , 61 L.Ed. 1198 (1917); In re Willie, supra; daggers v. United States, 482 A.2d 786, 793 (D.C.1984) (per curiam). *1141 made an inquiry to the prosecutor as to whether a commitment not to prosecute would be made, and Wilson makes no complaint on appeal that this was insufficient. 10 Where, as here, no promise of immunity is forthcoming, the trial judge must undertake a searching inquiry to determine whether the testimony sought to be elicited would in fact be incriminatory and, if so, whether the risk of prosecution is real and subs 1989Jaggers, supra, 482 A.2d at 793 ; Zicarelli v. New Jersey State Comm, of Investigation, 406 U.S. 472, 478 , 92 S.Ct. 1670, 1675 , 32 L.Ed.2d 234 (1972). | 1 | 1 |
Charles J. And Annis Snider, Petitioners-Appellants-Cross v. Commissioner of Internal Revenue, Respondent-Appellee-Crossgreen1 sentence1984That the Ecker II court has required the trial court to make an “affirmative finding" of an acquittee’s nondangerousness, id. at 41, 453 F.2d at 188 (quotation omitted), does not mean, contrary to DeVeau’s argument, that any formal burden of proof has been foisted upon the ac-quittee. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in District of Columbia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Strickland v. Washington
green
2 sentences1995A more searching inquiry would have revealed the inadequacies in trial counsel’s performance as subsequently disclosed in the hearing under D.C.Code § 23-110, which the trial court found to be constitutionally deficient under Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). 1995A more searching inquiry would have revealed the inadequacies in trial counsel’s performance as subsequently disclosed in the hearing under D.C.Code § 23-110, which the trial court found to be constitutionally deficient under Strickland v. Washington, 466 U.S. 668 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984). | 2 | 1995–2006 |
Ker v. California
green
2 sentences1993It is very desirable as an aid to appellate review that the facts concerning the required preliminary steps to entry should be developed and the factors relied on by the prosecution should appear in the record and be the subject of findings.” See Griffin v. United States, 618 A.2d 114 (D.C.1992) (“where basic constitutional liberties are implicated, a more searching standard of review may be warranted”) (citing Ker v. California, 374 U.S. 23, 33-34 , 83 S.Ct. 1623, 1630 , 10 L.Ed.2d 726 (1963); United States v. Rodriguez, 663 F.Supp. 585, 588 (D.C.1987) (“Given the important purposes behind 31 1993It is very desirable as an aid to appellate review that the facts concerning the required preliminary steps to entry should be developed and the factors relied on by the prosecution should appear in the record and be the subject of findings.” See Griffin v. United States, 618 A.2d 114 (D.C.1992) (“where basic constitutional liberties are implicated, a more searching standard of review may be warranted”) (citing Ker v. California, 374 U.S. 23, 33-34 , 83 S.Ct. 1623, 1630 , 10 L.Ed.2d 726 (1963); United States v. Rodriguez, 663 F.Supp. 585, 588 (D.C.1987) (“Given the important purposes behind 31 | 2 | 1992–1993 |
Flores v. United States
green
1 sentence2004The court then will be in a position to decide, in the exercise of its informed discretion, whether ... the government violated its “duty of preservation.” Id. (citing Montgomery v. United States, 384 A.2d 655, 662 (D.C.1978) (indicating that the court should consider the totality of the circumstances, including the government’s bad faith or negligence, when determining, in its discretion, the appropriate sanction to be imposed for a violation of the preservation rule)). | 1 | 2004–2004 |
Alston v. United States
green
1 sentence1993Id. at 315 . | 1 | 1993–1993 |
United States v. Louis D. Smith
green
2 sentences1993It is very desirable as an aid to appellate review that the facts concerning the required preliminary steps to entry should be developed and the factors relied on by the prosecution should appear in the record and be the subject of findings.” See Griffin v. United States, 618 A.2d 114 (D.C.1992) (“where basic constitutional liberties are implicated, a more searching standard of review may be warranted”) (citing Ker v. California, 374 U.S. 23, 33-34 , 83 S.Ct. 1623, 1630 , 10 L.Ed.2d 726 (1963); United States v. Rodriguez, 663 F.Supp. 585, 588 (D.C.1987) (“Given the important purposes behind 31 1993It is very desirable as an aid to appellate review that the facts concerning the required preliminary steps to entry should be developed and the factors relied on by the prosecution should appear in the record and be the subject of findings.” See Griffin v. United States, 618 A.2d 114 (D.C.1992) (“where basic constitutional liberties are implicated, a more searching standard of review may be warranted”) (citing Ker v. California, 374 U.S. 23, 33-34 , 83 S.Ct. 1623, 1630 , 10 L.Ed.2d 726 (1963); United States v. Rodriguez, 663 F.Supp. 585, 588 (D.C.1987) (“Given the important purposes behind 31 | 1 | 1993–1993 |
United States v. Louis D. Smith
green
2 sentences1993It is very desirable as an aid to appellate review that the facts concerning the required preliminary steps to entry should be developed and the factors relied on by the prosecution should appear in the record and be the subject of findings.” See Griffin v. United States, 618 A.2d 114 (D.C.1992) (“where basic constitutional liberties are implicated, a more searching standard of review may be warranted”) (citing Ker v. California, 374 U.S. 23, 33-34 , 83 S.Ct. 1623, 1630 , 10 L.Ed.2d 726 (1963); United States v. Rodriguez, 663 F.Supp. 585, 588 (D.C.1987) (“Given the important purposes behind 31 1993It is very desirable as an aid to appellate review that the facts concerning the required preliminary steps to entry should be developed and the factors relied on by the prosecution should appear in the record and be the subject of findings." See Griffin v. United States, 618 A.2d 114 (D.C.1992) ("where basic constitutional liberties are implicated, a more searching standard of review may be warranted") (citing Ker v. California, 374 U.S. 23, 33-34 , 83 S.Ct. 1623, 1630 , 10 L.Ed.2d 726 (1963); United States v. Rodriguez, 663 F.Supp. 585, 588 (D.C.1987) ("Given the important purposes behind 31 | 1 | 1993–1993 |
Coleman v. Texas
green
2 sentences1993It is very desirable as an aid to appellate review that the facts concerning the required preliminary steps to entry should be developed and the factors relied on by the prosecution should appear in the record and be the subject of findings.” See Griffin v. United States, 618 A.2d 114 (D.C.1992) (“where basic constitutional liberties are implicated, a more searching standard of review may be warranted”) (citing Ker v. California, 374 U.S. 23, 33-34 , 83 S.Ct. 1623, 1630 , 10 L.Ed.2d 726 (1963); United States v. Rodriguez, 663 F.Supp. 585, 588 (D.C.1987) (“Given the important purposes behind 31 1993It is very desirable as an aid to appellate review that the facts concerning the required preliminary steps to entry should be developed and the factors relied on by the prosecution should appear in the record and be the subject of findings." See Griffin v. United States, 618 A.2d 114 (D.C.1992) ("where basic constitutional liberties are implicated, a more searching standard of review may be warranted") (citing Ker v. California, 374 U.S. 23, 33-34 , 83 S.Ct. 1623, 1630 , 10 L.Ed.2d 726 (1963); United States v. Rodriguez, 663 F.Supp. 585, 588 (D.C.1987) ("Given the important purposes behind 31 | 1 | 1993–1993 |
Beede v. New Hampshire
green
2 sentences1993It is very desirable as an aid to appellate review that the facts concerning the required preliminary steps to entry should be developed and the factors relied on by the prosecution should appear in the record and be the subject of findings.” See Griffin v. United States, 618 A.2d 114 (D.C.1992) (“where basic constitutional liberties are implicated, a more searching standard of review may be warranted”) (citing Ker v. California, 374 U.S. 23, 33-34 , 83 S.Ct. 1623, 1630 , 10 L.Ed.2d 726 (1963); United States v. Rodriguez, 663 F.Supp. 585, 588 (D.C.1987) (“Given the important purposes behind 31 1993It is very desirable as an aid to appellate review that the facts concerning the required preliminary steps to entry should be developed and the factors relied on by the prosecution should appear in the record and be the subject of findings." See Griffin v. United States, 618 A.2d 114 (D.C.1992) ("where basic constitutional liberties are implicated, a more searching standard of review may be warranted") (citing Ker v. California, 374 U.S. 23, 33-34 , 83 S.Ct. 1623, 1630 , 10 L.Ed.2d 726 (1963); United States v. Rodriguez, 663 F.Supp. 585, 588 (D.C.1987) ("Given the important purposes behind 31 | 1 | 1993–1993 |
Lillibridge v. Commissioner
green
2 sentences1993It is very desirable as an aid to appellate review that the facts concerning the required preliminary steps to entry should be developed and the factors relied on by the prosecution should appear in the record and be the subject of findings.” See Griffin v. United States, 618 A.2d 114 (D.C.1992) (“where basic constitutional liberties are implicated, a more searching standard of review may be warranted”) (citing Ker v. California, 374 U.S. 23, 33-34 , 83 S.Ct. 1623, 1630 , 10 L.Ed.2d 726 (1963); United States v. Rodriguez, 663 F.Supp. 585, 588 (D.C.1987) (“Given the important purposes behind 31 1993It is very desirable as an aid to appellate review that the facts concerning the required preliminary steps to entry should be developed and the factors relied on by the prosecution should appear in the record and be the subject of findings." See Griffin v. United States, 618 A.2d 114 (D.C.1992) ("where basic constitutional liberties are implicated, a more searching standard of review may be warranted") (citing Ker v. California, 374 U.S. 23, 33-34 , 83 S.Ct. 1623, 1630 , 10 L.Ed.2d 726 (1963); United States v. Rodriguez, 663 F.Supp. 585, 588 (D.C.1987) ("Given the important purposes behind 31 | 1 | 1993–1993 |
United States v. Winston Bryant McConney
green
2 sentences1992Ker v. California, 374 U.S. 23, 33-34 , 83 S.Ct. 1623, 1629-30 , 10 L.Ed.2d 726 (1963), McConney, supra, 728 F.2d at 1205 n. 12. 1992Ker v. California, 374 U.S. 23, 33-34 , 83 S.Ct. 1623, 1629-30 , 10 L.Ed.2d 726 (1963), McConney, supra, 728 F.2d at 1205 n. 12. | 1 | 1992–1992 |
Abney v. United States
green
1 sentence1990The government posits that the inquiry to which appellant responded was more thorough than the inquiry made of the appellant in Abney v. United States, 464 A.2d 106 (D.C.1983), and approved by us in that opinion. | 1 | 1990–1990 |
Mason v. United States
green
2 sentences1989Mason v. United States, 244 U.S. 362, 364 , 37 S.Ct. 621, 622 , 61 L.Ed. 1198 (1917); In re Willie, supra; daggers v. United States, 482 A.2d 786, 793 (D.C.1984) (per curiam). *1141 made an inquiry to the prosecutor as to whether a commitment not to prosecute would be made, and Wilson makes no complaint on appeal that this was insufficient. 10 Where, as here, no promise of immunity is forthcoming, the trial judge must undertake a searching inquiry to determine whether the testimony sought to be elicited would in fact be incriminatory and, if so, whether the risk of prosecution is real and subs 1989Mason v. United States, 244 U.S. 362, 364 , 37 S.Ct. 621, 622 , 61 L.Ed. 1198 (1917); In re Willie, supra; daggers v. United States, 482 A.2d 786, 793 (D.C.1984) (per curiam). *1141 made an inquiry to the prosecutor as to whether a commitment not to prosecute would be made, and Wilson makes no complaint on appeal that this was insufficient. 10 Where, as here, no promise of immunity is forthcoming, the trial judge must undertake a searching inquiry to determine whether the testimony sought to be elicited would in fact be incriminatory and, if so, whether the risk of prosecution is real and subs | 1 | 1989–1989 |
Zicarelli v. New Jersey State Commission of Investigation
green
2 sentences1989Jaggers, supra, 482 A.2d at 793 ; Zicarelli v. New Jersey State Comm, of Investigation, 406 U.S. 472, 478 , 92 S.Ct. 1670, 1675 , 32 L.Ed.2d 234 (1972). 1989Jaggers, supra, 482 A.2d at 793 ; Zicarelli v. New Jersey State Comm, of Investigation, 406 U.S. 472, 478 , 92 S.Ct. 1670, 1675 , 32 L.Ed.2d 234 (1972). | 1 | 1989–1989 |
Sorrells v. United States
green
2 sentences1987The defendant who chooses to rely on an entrapment defense “cannot complain of an appropriate and searching inquiry into his own conduct and predisposition....” United States v. Russell, 411 U.S. 423, 429 , 93 S.Ct. 1637, 1641 , 36 L.Ed.2d 366 (1973) (quoting Sorrells v. United States, 287 U.S. 435, 451 , 53 S.Ct. 210, 216 , 77 L.Ed. 413 (1932)). 1987The defendant who chooses to rely on an entrapment defense “cannot complain of an appropriate and searching inquiry into his own conduct and predisposition....” United States v. Russell, 411 U.S. 423, 429 , 93 S.Ct. 1637, 1641 , 36 L.Ed.2d 366 (1973) (quoting Sorrells v. United States, 287 U.S. 435, 451 , 53 S.Ct. 210, 216 , 77 L.Ed. 413 (1932)). | 1 | 1987–1987 |
United States v. Russell
green
2 sentences1987The defendant who chooses to rely on an entrapment defense “cannot complain of an appropriate and searching inquiry into his own conduct and predisposition....” United States v. Russell, 411 U.S. 423, 429 , 93 S.Ct. 1637, 1641 , 36 L.Ed.2d 366 (1973) (quoting Sorrells v. United States, 287 U.S. 435, 451 , 53 S.Ct. 210, 216 , 77 L.Ed. 413 (1932)). 1987The defendant who chooses to rely on an entrapment defense “cannot complain of an appropriate and searching inquiry into his own conduct and predisposition....” United States v. Russell, 411 U.S. 423, 429 , 93 S.Ct. 1637, 1641 , 36 L.Ed.2d 366 (1973) (quoting Sorrells v. United States, 287 U.S. 435, 451 , 53 S.Ct. 210, 216 , 77 L.Ed. 413 (1932)). | 1 | 1987–1987 |
Harold Omar Mack v. United States
green
2 sentences1986Mack, supra, 635 F.2d at 24 ; Canady, supra note 7, 554 F.2d at 205 ; Kincaid, supra, 362 F.2d at 941 . 1986Mack, supra, 635 F.2d at 24 ; Canady, supra note 7, 554 F.2d at 205 ; Kincaid, supra, 362 F.2d at 941 . | 1 | 1986–1986 |
United States v. Donald Eugene Kincaid
green
2 sentences1986Mack, supra, 635 F.2d at 24 ; Canady, supra note 7, 554 F.2d at 205 ; Kincaid, supra, 362 F.2d at 941 . 1986Mack, supra, 635 F.2d at 24 ; Canady, supra note 7, 554 F.2d at 205 ; Kincaid, supra, 362 F.2d at 941 . | 1 | 1986–1986 |
United States v. Ruben Garza Coronado
green
2 sentences1986Mack, supra, 635 F.2d at 24 ; Canady, supra note 7, 554 F.2d at 205 ; Kincaid, supra, 362 F.2d at 941 . 1986Mack, supra, 635 F.2d at 24 ; Canady, supra note 7, 554 F.2d at 205 ; Kincaid, supra, 362 F.2d at 941 . | 1 | 1986–1986 |
| Johnson v. Zerbst green | 1 | 1978–1978 |
| Head v. Hargrave green | 1 | 1946–1946 |
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.
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.