Davis rule (District of Columbia) · Go Syfert
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Davis rule in District of Columbia

14 District of Columbia opinions name it 1 courts 1976–2023 2 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 (19)

CaseFollowedCited
Adams v. George W. Cochran & Co., Inc.green
dc · 1991 · cited in 1 District of Columbia opinions naming this issue, 2021–2021
1 sentence

2021According to the trial court, Ms. Davis could not have violated either cited provision, because they 56 597 A.2d 28, 34 (D.C. 1991).

11
Thigpen v. Greenpeace, Inc.green
dc · 1995 · cited in 1 District of Columbia opinions naming this issue, 2021–2021
1 sentence

2021Code § 47-820 (a)” (emphasis added)); Safeway Stores, Inc., 525 A.2d at 212 (an appraiser for the District “did not fulfill his obligation under § 47-820(a) to consider income earning potential” (emphasis added)). 59 Mandsager v. Jaquith, 706 A.2d 39, 42 (D.C. 1998) (quoting Thigpen v. Greenpeace, Inc., 657 A.2d 770, 771 (D.C. 1995)). 29 the cost method,” that order would not have directed her to violate the law.60 Therefore, we affirm the denial of Ms. Davis’s motion for leave to amend.

11
Safeway Stores, Inc. v. District of Columbiagreen
dc · 1987 · cited in 1 District of Columbia opinions naming this issue, 2021–2021
1 sentence

2021Code § 47-820 (a)” (emphasis added)); Safeway Stores, Inc., 525 A.2d at 212 (an appraiser for the District “did not fulfill his obligation under § 47-820(a) to consider income earning potential” (emphasis added)). 59 Mandsager v. Jaquith, 706 A.2d 39, 42 (D.C. 1998) (quoting Thigpen v. Greenpeace, Inc., 657 A.2d 770, 771 (D.C. 1995)). 29 the cost method,” that order would not have directed her to violate the law.60 Therefore, we affirm the denial of Ms. Davis’s motion for leave to amend.

11
Mandsager v. Jaquithgreen
dc · 1998 · cited in 1 District of Columbia opinions naming this issue, 2021–2021
1 sentence

2021Code § 47-820 (a)” (emphasis added)); Safeway Stores, Inc., 525 A.2d at 212 (an appraiser for the District “did not fulfill his obligation under § 47-820(a) to consider income earning potential” (emphasis added)). 59 Mandsager v. Jaquith, 706 A.2d 39, 42 (D.C. 1998) (quoting Thigpen v. Greenpeace, Inc., 657 A.2d 770, 771 (D.C. 1995)). 29 the cost method,” that order would not have directed her to violate the law.60 Therefore, we affirm the denial of Ms. Davis’s motion for leave to amend.

11
Beard v. United Statesgreen
dc · 1988 · cited in 1 District of Columbia opinions naming this issue, 2013–2013
2 sentences

2013A similar colloquy in Beard v. United States, 535 A.2d 1373, 1375 (D.C.1988), is instructive. 6 In Beard , there was a somewhat ambiguous exchange between defense counsel and the trial court in which we concluded that the “trial judge clearly did not grant defense counsel’s request for appellant’s presence, but instead pointed out the mitigating feature of the different arrangement which was to prevail.” Id.

2013A similar colloquy in Beard v. United States, 535 A.2d 1373, 1375 (D.C.1988), is instructive. 6 In Beard , there was a somewhat ambiguous exchange between defense counsel and the trial court in which we concluded that the “trial judge clearly did not grant defense counsel’s request for appellant’s presence, but instead pointed out the mitigating feature of the different arrangement which was to prevail.” Id.

11
Newby v. United Statesgreen
dc · 2002 · cited in 1 District of Columbia opinions naming this issue, 2003–2003
2 sentences

2003See Abdulshakur v. District of Columbia, 589 A.2d 1258, 1264 (D.C. 1991); see also Newby v. United States, 797 A.2d 1233, 1237-38 (D.C.2002).

2003See Abdulshakur v. District of Columbia, 589 A.2d 1258, 1264 (D.C. 1991); see also Newby v. United States, 797 A.2d 1233, 1237-38 (D.C.2002).

11
Abdulshakur v. District of Columbiagreen
dc · 1991 · cited in 1 District of Columbia opinions naming this issue, 2003–2003
2 sentences

2003See Abdulshakur v. District of Columbia, 589 A.2d 1258, 1264 (D.C. 1991); see also Newby v. United States, 797 A.2d 1233, 1237-38 (D.C.2002).

2003See Abdulshakur v. District of Columbia, 589 A.2d 1258, 1264 (D.C. 1991); see also Newby v. United States, 797 A.2d 1233, 1237-38 (D.C.2002).

11
Goldston v. United Statesgreen
dc · 1989 · cited in 1 District of Columbia opinions naming this issue, 2000–2000
1 sentence

2000In reviewing the denial of Davis’ motion to suppress evidence, “our role is to ensure that the trial court had a substantial basis for concluding that probable cause existed.” Parker, supra, 601 A.2d at 49 (quoting Goldston v. United States, 562 A.2d 96, 98 (D.C.1989) (internal quotation marks omitted)).

11
Ray v. United Statesgreen
dc · 1990 · cited in 1 District of Columbia opinions naming this issue, 1994–1994
1 sentence

1994See Ray v. United States, 575 A.2d 1196, 1199 (D.C.1990) (every offense committed includes an attempt to commit that offense).

11
Taylor v. First American Title Co.green
dc · 1984 · cited in 1 District of Columbia opinions naming this issue, 1991–1991
2 sentences

1991See Jamison v. S & H Associates, supra, 487 A.2d at 621 (generally approving the trial court’s hearing on the Davis factors, but reversing the judgment of possession because the court “never made any inquiry into the tenant’s allegation that the landlord had misrepresented” facts concerning waiver of the notice to quit); Taylor v. First American Title Co., supra, 477 A.2d at 230 ("If the defendant neither pays the undertaking nor obtains a stay, the trial court may, after holding a proper inquiry ... strike the defendant’s pleading and enter judgment for the plaintiff’); Battle v. Nash, supra,

1991See Jamison v. S & H Associates, supra, 487 A.2d at 621 (generally approving the trial court’s hearing on the Davis factors, but reversing the judgment of possession because the court “never made any inquiry into the tenant’s allegation that the landlord had misrepresented” facts concerning waiver of the notice to quit); Taylor v. First American Title Co., supra, 477 A.2d at 230 ("If the defendant neither pays the undertaking nor obtains a stay, the trial court may, after holding a proper inquiry ... strike the defendant’s pleading and enter judgment for the plaintiff’); Battle v. Nash, supra,

11
Jamison v. S & H ASSOCIATESgreen
dc · 1985 · cited in 1 District of Columbia opinions naming this issue, 1991–1991
2 sentences

1991See Jamison v. S & H Associates, supra, 487 A.2d at 621 (generally approving the trial court’s hearing on the Davis factors, but reversing the judgment of possession because the court “never made any inquiry into the tenant’s allegation that the landlord had misrepresented” facts concerning waiver of the notice to quit); Taylor v. First American Title Co., supra, 477 A.2d at 230 ("If the defendant neither pays the undertaking nor obtains a stay, the trial court may, after holding a proper inquiry ... strike the defendant’s pleading and enter judgment for the plaintiff’); Battle v. Nash, supra,

1991See Jamison v. S & H Associates, supra, 487 A.2d at 621 (generally approving the trial court’s hearing on the Davis factors, but reversing the judgment of possession because the court “never made any inquiry into the tenant’s allegation that the landlord had misrepresented” facts concerning waiver of the notice to quit); Taylor v. First American Title Co., supra, 477 A.2d at 230 ("If the defendant neither pays the undertaking nor obtains a stay, the trial court may, after holding a proper inquiry ... strike the defendant’s pleading and enter judgment for the plaintiff’); Battle v. Nash, supra,

11
Davis v. Rental Associates, Inc.green
dc · 1983 · cited in 1 District of Columbia opinions naming this issue, 1991–1991
2 sentences

1991See Jamison v. S & H Associates, supra, 487 A.2d at 621 (generally approving the trial court’s hearing on the Davis factors, but reversing the judgment of possession because the court “never made any inquiry into the tenant’s allegation that the landlord had misrepresented” facts concerning waiver of the notice to quit); Taylor v. First American Title Co., supra, 477 A.2d at 230 ("If the defendant neither pays the undertaking nor obtains a stay, the trial court may, after holding a proper inquiry ... strike the defendant’s pleading and enter judgment for the plaintiff’); Battle v. Nash, supra,

1991See Jamison v. S & H Associates, supra, 487 A.2d at 621 (generally approving the trial court’s hearing on the Davis factors, but reversing the judgment of possession because the court “never made any inquiry into the tenant’s allegation that the landlord had misrepresented” facts concerning waiver of the notice to quit); Taylor v. First American Title Co., supra, 477 A.2d at 230 ("If the defendant neither pays the undertaking nor obtains a stay, the trial court may, after holding a proper inquiry ... strike the defendant’s pleading and enter judgment for the plaintiff’); Battle v. Nash, supra,

11
Battle v. Nashgreen
dc · 1983 · cited in 1 District of Columbia opinions naming this issue, 1991–1991
2 sentences

1991See Jamison v. S & H Associates, supra, 487 A.2d at 621 (generally approving the trial court’s hearing on the Davis factors, but reversing the judgment of possession because the court “never made any inquiry into the tenant’s allegation that the landlord had misrepresented” facts concerning waiver of the notice to quit); Taylor v. First American Title Co., supra, 477 A.2d at 230 ("If the defendant neither pays the undertaking nor obtains a stay, the trial court may, after holding a proper inquiry ... strike the defendant’s pleading and enter judgment for the plaintiff’); Battle v. Nash, supra,

1991See Jamison v. S & H Associates, supra, 487 A.2d at 621 (generally approving the trial court’s hearing on the Davis factors, but reversing the judgment of possession because the court “never made any inquiry into the tenant’s allegation that the landlord had misrepresented” facts concerning waiver of the notice to quit); Taylor v. First American Title Co., supra, 477 A.2d at 230 ("If the defendant neither pays the undertaking nor obtains a stay, the trial court may, after holding a proper inquiry ... strike the defendant’s pleading and enter judgment for the plaintiff’); Battle v. Nash, supra,

11
Arthur Bruce v. United Statesgreen
cadc · 1967 · cited in 1 District of Columbia opinions naming this issue, 1978–1978
2 sentences

1978To conclude that there has been a constitutional deprivation of the right to counsel due to ineffective assistance of counsel, we must find that “there has been gross incompetence of counsel and that this has in effect blotted out the essence of a substantial defense . . . .” Bruce v. United States, 126 U.S.App.D.C. 336, 339-40 , 379 F.2d 113, 116-17 (1967); accord, Williams v. United States, D.C.App., 374 A.2d 885, 889 (1977); Angarano v. United States, D.C.App., 312 A.2d 295 , 298 n. 5 (1973).

1978To conclude that there has been a constitutional deprivation of the right to counsel due to ineffective assistance of counsel, we must find that “there has been gross incompetence of counsel and that this has in effect blotted out the essence of a substantial defense . . . .” Bruce v. United States, 126 U.S.App.D.C. 336, 339-40 , 379 F.2d 113, 116-17 (1967); accord, Williams v. United States, D.C.App., 374 A.2d 885, 889 (1977); Angarano v. United States, D.C.App., 312 A.2d 295 , 298 n. 5 (1973).

11
Gibson v. United Statesgreen
dc · 1978 · cited in 1 District of Columbia opinions naming this issue, 1978–1978
1 sentence

1978Compare Gibson, supra; Johnson, supra; Session, supra. The trial court stated the applicable legal standard by which to measure Davis’ claim.

11
Williams v. United Statesgreen
dc · 1977 · cited in 1 District of Columbia opinions naming this issue, 1978–1978
2 sentences

1978To conclude that there has been a constitutional deprivation of the right to counsel due to ineffective assistance of counsel, we must find that "there has been gross incompetence of counsel and that this has in effect blotted out the essence of a substantial defense. . . ." Bruce v. United States, 126 U.S.App.D.C. 336, 339-40 , 379 F.2d 113, 116-17 (1967); accord, Williams v. United States, D.C.App., 374 A.2d 885, 889 (1977); Angarano v. United States, D.C.App., 312 A.2d 295 , 298 n. 5 (1973).

1978To conclude that there has been a constitutional deprivation of the right to counsel due to ineffective assistance of counsel, we must find that “there has been gross incompetence of counsel and that this has in effect blotted out the essence of a substantial defense . . . .” Bruce v. United States, 126 U.S.App.D.C. 336, 339-40 , 379 F.2d 113, 116-17 (1967); accord, Williams v. United States, D.C.App., 374 A.2d 885, 889 (1977); Angarano v. United States, D.C.App., 312 A.2d 295 , 298 n. 5 (1973).

11
United States v. Benjamin J. Thompsongreen
cadc · 1972 · cited in 1 District of Columbia opinions naming this issue, 1976–1976
2 sentences

1976See note 68, supra. Appellant’s reliance on United States v. Thompson, 147 U.S.App.D.C. 1 , 452 F.2d 1333 (1971), cert. denied, 405 U.S. 998 , 92 S.Ct. 1251 , 31 L.

1976See note 68, supra. Appellant’s reliance on United States v. Thompson, 147 U.S.App.D.C. 1 , 452 F.2d 1333 (1971), cert. denied, 405 U.S. 998 , 92 S.Ct. 1251 , 31 L.

11
Municipal Light Board of Reading, Massachusetts v. Federal Power Commissiongreen
scotus · 1972 · cited in 1 District of Columbia opinions naming this issue, 1976–1976
2 sentences

1976See note 68, supra. Appellant’s reliance on United States v. Thompson, 147 U.S.App.D.C. 1 , 452 F.2d 1333 (1971), cert. denied, 405 U.S. 998 , 92 S.Ct. 1251 , 31 L.

1976See note 68, supra. Appellant’s reliance on United States v. Thompson, 147 U.S.App.D.C. 1 , 452 F.2d 1333 (1971), cert. denied, 405 U.S. 998 , 92 S.Ct. 1251 , 31 L.

11
Malatesta v. United Statesgreen
scotus · 1972 · cited in 1 District of Columbia opinions naming this issue, 1976–1976
2 sentences

1976See note 68, supra. Appellant’s reliance on United States v. Thompson, 147 U.S.App.D.C. 1 , 452 F.2d 1333 (1971), cert. denied, 405 U.S. 998 , 92 S.Ct. 1251 , 31 L.

1976See note 68, supra. Appellant’s reliance on United States v. Thompson, 147 U.S.App.D.C. 1 , 452 F.2d 1333 (1971), cert. denied, 405 U.S. 998 , 92 S.Ct. 1251 , 31 L.

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 (10)

CaseCitedYears
Davis v. United States green
scotus · 1994
2 sentences

1995Nonetheless, we must analyze appellant’s statement to his girlfriend under the Davis standard, since, if it was the required “clear assertion of the right to counsel,” id. at -, 114 S.Ct. at 2356 , the later waiver of his Miranda rights would not suffice under Edwards, 6 We hold that the statement was not the assertion of the right Davis requires.

1995Nonetheless, we must analyze appellant’s statement to his girlfriend under the Davis standard, since, if it was the required “clear assertion of the right to counsel,” id. at -, 114 S.Ct. at 2356 , the later waiver of his Miranda rights would not suffice under Edwards, 6 We hold that the statement was not the assertion of the right Davis requires.

21995–2008
Griffin v. Wisconsin green
scotus · 1987
1 sentence

2023In Jackson, this court recognized that (1) requiring an individual to be subject to GPS monitoring is a search under the Fourth Amendment, id. at 472 , and (2) such a search of an individual on probation may be upheld as constitutional under the special needs doctrine, which allows reasonable regulations to substitute for the warrant and probable cause requirements of the Fourth Amendment where special needs exist, id. at 472-81 (citing Griffin v. Wisconsin, 483 U.S. 868 (1987)).

12023–2023
Elizabeth B. Argent v. Samuel E. Argent green
cadc · 1968
2 sentences

2008In Argent v. Argent, 130 U.S.App.D.C. 46 , 396 F.2d 695 (1968), the United States Court of Appeals for the District of Columbia Circuit, construing the then-current version of section 16-910, explained that “the District of Columbia courts are authorized to adjust and apportion property rights in [jointly held] property and, in fact, must do so in the same proceedings in which the divorce decree is entered.” 5 130 U.S.App.

2008In Argent v. Argent, 130 U.S.App.D.C. 46 , 396 F.2d 695 (1968), the United States Court of Appeals for the District of Columbia Circuit, construing the then-current version of section 16-910, explained that “the District of Columbia courts are authorized to adjust and apportion property rights in [jointly held] property and, in fact, must do so in the same proceedings in which the divorce decree is entered.” 5 130 U.S.App.

12008–2008
Michigan v. Mosley green
scotus · 1975
2 sentences

2008In Davis , the Court explained that where there is ambiguity as to whether a suspect has invoked the right, the police have no duty to cease questioning because it would transform the Miranda safeguards into wholly “irrational obstacles to legitimate police investigative activity.” Davis, 512 U.S. at 460 , 114 S.Ct. 2350 (quoting Mosley, 423 U.S. at 102 , 96 S.Ct. 321 ).

2008In Davis , the Court explained that where there is ambiguity as to whether a suspect has invoked the right, the police have no duty to cease questioning because it would transform the Miranda safeguards into wholly “irrational obstacles to legitimate police investigative activity.” Davis, 512 U.S. at 460 , 114 S.Ct. 2350 (quoting Mosley, 423 U.S. at 102 , 96 S.Ct. 321 ).

12008–2008
Parker v. United States green
dc · 1991
1 sentence

2000In reviewing the denial of Davis’ motion to suppress evidence, “our role is to ensure that the trial court had a substantial basis for concluding that probable cause existed.” Parker, supra, 601 A.2d at 49 (quoting Goldston v. United States, 562 A.2d 96, 98 (D.C.1989) (internal quotation marks omitted)).

12000–2000
Jackson v. United States green
dc · 1985
2 sentences

1991In Jackson, supra, 490 A.2d at 194 , while we did not address whether the trial judge had sought a commitment not to prosecute, it is clear that the trial judge had satisfied the Davis inquiry.

1991In Jackson, supra, 490 A.2d at 194 , while we did not address whether the trial judge had sought a commitment not to prosecute, it is clear that the trial judge had satisfied the Davis inquiry.

11991–1991
Blankenship v. Atlantic Richfield Co. green
ord · 1979
1 sentence

1984Davis' brief relies on Blankenship v. Atlantic-Richfield Co., 478 F.Supp. 1016 (D.Or.1979), for the proposition that "the notice provision [of the PMPA] would have required notice to be given 90 days prior to December 31, 1982.” We do not read Blankenship to support Davis’ position.

11984–1984
Johnson v. United States green
dc · 1978
1 sentence

1978Compare Gibson, supra; Johnson, supra; Session, supra. The trial court stated the applicable legal standard by which to measure Davis’ claim.

11978–1978
Session v. United States green
dc · 1977
1 sentence

1978Compare Gibson, supra; Johnson, supra; Session, supra. The trial court stated the applicable legal standard by which to measure Davis’ claim.

11978–1978
Angarano v. United States green
dc · 1973
2 sentences

1978To conclude that there has been a constitutional deprivation of the right to counsel due to ineffective assistance of counsel, we must find that "there has been gross incompetence of counsel and that this has in effect blotted out the essence of a substantial defense. . . ." Bruce v. United States, 126 U.S.App.D.C. 336, 339-40 , 379 F.2d 113, 116-17 (1967); accord, Williams v. United States, D.C.App., 374 A.2d 885, 889 (1977); Angarano v. United States, D.C.App., 312 A.2d 295 , 298 n. 5 (1973).

1978To conclude that there has been a constitutional deprivation of the right to counsel due to ineffective assistance of counsel, we must find that “there has been gross incompetence of counsel and that this has in effect blotted out the essence of a substantial defense . . . .” Bruce v. United States, 126 U.S.App.D.C. 336, 339-40 , 379 F.2d 113, 116-17 (1967); accord, Williams v. United States, D.C.App., 374 A.2d 885, 889 (1977); Angarano v. United States, D.C.App., 312 A.2d 295 , 298 n. 5 (1973).

11978–1978

Where else courts name it

TX 81 (1972–2026) GA 60 (1976–2025) FL 58 (1971–2025) OH 57 (1996–2026) CA 50 (1965–2026) PA 39 (1971–2026) WA 38 (1978–2024) IN 34 (1978–2026) IL 30 (1975–2026) MS 25 (1992–2024) MD 25 (1979–2025) MO 24 (1959–2024) VA 19 (1990–2026) MI 18 (1977–2026) SC 17 (1990–2026) NY 16 (1944–2026) TN 16 (1962–2019) DC 14 (1976–2023) KS 14 (1992–2021) AL 14 (1965–2024) IA 13 (1979–2025) MN 13 (2006–2025) LA 12 (1978–2020) AZ 12 (1989–2021) AR 10 (1996–2025) NC 10 (1974–2025) NE 10 (1988–2024) NJ 10 (1967–2025) AK 9 (1966–2022) ME 9 (1997–2026) MT 9 (1978–2016) UT 8 (1987–2013) CO 8 (1967–2022) WY 8 (1997–2017) OK 7 (1978–2016) WI 7 (1985–2026) CT 7 (1970–2026) KY 6 (1993–2026) ID 6 (1998–2023) OR 6 (1977–2025) DE 5 (2014–2024) HI 4 (2007–2017) SD 4 (1981–2022) MA 4 (1999–2011) VT 4 (1988–2008) NV 3 (1990–2019) ND 3 (1989–2010) NM 3 (2009–2024) WV 2 (1978–1979) VI 2 (2010–2026) RI 2 (1987–2016)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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