absence of fundamental error (Wyoming) · Go Syfert
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absence of fundamental error in Wyoming

14 Wyoming opinions name it 1 courts 1984–2019 0 in the last five years

The cases below were cited by Wyoming 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 (6)

CaseFollowedCited
Jahnke v. Stategreen
wyo · 1984 · cited in 7 Wyoming opinions naming this issue, 1986–1996
2 sentences

1990Respondent argues that the State Fund raised the dependency issue first on appeal. ‘“Our rule is that in the absence of fundamental error affecting a substantial right of the appellant or involving the jurisdiction of the court, we do not consider questions sought to be raised for the first time on appeal.'" Hyde v. State, 769 P.2d 376, 381 (Wyo.1989) (quoting Jahnke v. State, 692 P.2d 911, 928 (Wyo.1984)).

1990See W.S. 14-2-104, right to bring paternity actions; effect of agreements; proceedings when child is not yet born; W.S. 14-2-113, effect and contents of judgment or order; new birth certificate; determination of support; continuing jurisdiction; W.S. 14-2-204, liability for support; right of action; venue; service; measure of recovery; remedy is cumulative; execution; W.S. 20-3-101 through 20-3-104, desertion of wife or children; and W.S. 20-6-101 through 20-6-401, child support enforcement as a list which is not exhaustive and relates in some fashion to support of children. [11] Respondent ar

77
Davis v. Stategreen
wyo · 1993 · cited in 4 Wyoming opinions naming this issue, 2003–2019
2 sentences

2019“Our rule is that in the absence of fundamental error affecting a substantial right of the appellant an issue raised for the first time on appeal will not be considered.” Davis v. State, 859 P.2d 89, 94 (Wyo. 1993).

2014"Our rule is that in the absence of fundamental error affecting a substantial right of the appellant an issue raised for the first time on appeal will not be considered." Davis v. State, 859 P.2d 89, 94 (Wyo.1993).

44
Hyde v. Stategreen
wyo · 1989 · cited in 3 Wyoming opinions naming this issue, 1990–1993
2 sentences

1990Respondent argues that the State Fund raised the dependency issue first on appeal. ‘“Our rule is that in the absence of fundamental error affecting a substantial right of the appellant or involving the jurisdiction of the court, we do not consider questions sought to be raised for the first time on appeal.'" Hyde v. State, 769 P.2d 376, 381 (Wyo.1989) (quoting Jahnke v. State, 692 P.2d 911, 928 (Wyo.1984)).

1990See W.S. 14-2-104, right to bring paternity actions; effect of agreements; proceedings when child is not yet born; W.S. 14-2-113, effect and contents of judgment or order; new birth certificate; determination of support; continuing jurisdiction; W.S. 14-2-204, liability for support; right of action; venue; service; measure of recovery; remedy is cumulative; execution; W.S. 20-3-101 through 20-3-104, desertion of wife or children; and W.S. 20-6-101 through 20-6-401, child support enforcement as a list which is not exhaustive and relates in some fashion to support of children. [11] Respondent ar

23
Belden v. Stategreen
wyo · 2003 · cited in 2 Wyoming opinions naming this issue, 2005–2014
2 sentences

2014"Our rule is that in the absence of fundamental error affecting a substantial right of the appellant an issue raised for the first time on appeal will not be considered." Belden, 2003 WY 89, ¶ 55 , 73 P.3d at 1090 (quoting Davis v. State, 859 P.2d 89, 94 (Wyo.1993)).

2014"Our rule is that in the absence of fundamental error affecting a substantial right of the appellant an issue raised for the first time on appeal will not be considered." Belden, 2003 WY 89, ¶ 55 , 73 P.3d at 1090 (quoting Davis v. State, 859 P.2d 89, 94 (Wyo.1993)).

12
Jaime Solis v. The State of Wyominggreen
wyo · 2013 · cited in 1 Wyoming opinions naming this issue, 2014–2014
2 sentences

2014However, "[plrosecutorial misconduct implicates the right to a fair trial and, as a consequence, due process of law." Solis v. State, 2013 WY 152, ¶ 42 , 315 P.3d 622, 632 (Wyo.2013) (citing Donnelly v. De-Christoforo, 416 U.S. 637, 643 , 94 S.Ct. 1868, 1871 , 40 L.Ed.2d 431 (1974)).

2014However, "[plrosecutorial misconduct implicates the right to a fair trial and, as a consequence, due process of law." Solis v. State, 2013 WY 152, ¶ 42 , 315 P.3d 622, 632 (Wyo.2013) (citing Donnelly v. De-Christoforo, 416 U.S. 637, 643 , 94 S.Ct. 1868, 1871 , 40 L.Ed.2d 431 (1974)).

11
Baum v. Stategreen
wyo · 1987 · cited in 1 Wyoming opinions naming this issue, 1993–1993
2 sentences

1993Hyde, 769 P.2d at 381 ; Baum v. State, 745 P.2d 877, 882 (Wyo.1987).

1993Hyde, 769 P.2d at 381 ; Baum v. State, 745 P.2d 877, 882 (Wyo.1987).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway.

Also cited on this issue (6)

CaseCitedYears
Hopkinson v. State green
wyo · 1983
2 sentences

1989Hopkinson v. State, Wyo., 664 P.2d 43 (1983), cert. denied [464] U.S. [908], 104 S.Ct. 262 , 78 L.Ed.2d 246 (1983); Nickelson v. People, Wyo., 607 P.2d 904 (1980); and Nisonger v. State, Wyo., 581 P.2d 1094 (1978).

1986Hopkinson v. State, Wyo., 664 P.2d 43 (1983), cert. denied 464 U.S. 908 , 104 S.Ct. 262 , 78 *175 L.Ed.2d 246 (1983); Nickelson v. People, Wyo., 607 P.2d 904 (1980); and Nisonger v. State, Wyo., 581 P.2d 1094 (1978).

41984–1989
Nickelson v. People green
wyo · 1980
2 sentences

1989Hopkinson v. State, Wyo., 664 P.2d 43 (1983), cert. denied [464] U.S. [908], 104 S.Ct. 262 , 78 L.Ed.2d 246 (1983); Nickelson v. People, Wyo., 607 P.2d 904 (1980); and Nisonger v. State, Wyo., 581 P.2d 1094 (1978).

1986Hopkinson v. State, Wyo., 664 P.2d 43 (1983), cert. denied 464 U.S. 908 , 104 S.Ct. 262 , 78 *175 L.Ed.2d 246 (1983); Nickelson v. People, Wyo., 607 P.2d 904 (1980); and Nisonger v. State, Wyo., 581 P.2d 1094 (1978).

41984–1989
Nisonger v. State green
wyo · 1978
2 sentences

1989Hopkinson v. State, Wyo., 664 P.2d 43 (1983), cert. denied [464] U.S. [908], 104 S.Ct. 262 , 78 L.Ed.2d 246 (1983); Nickelson v. People, Wyo., 607 P.2d 904 (1980); and Nisonger v. State, Wyo., 581 P.2d 1094 (1978).

1986Hopkinson v. State, Wyo., 664 P.2d 43 (1983), cert. denied 464 U.S. 908 , 104 S.Ct. 262 , 78 *175 L.Ed.2d 246 (1983); Nickelson v. People, Wyo., 607 P.2d 904 (1980); and Nisonger v. State, Wyo., 581 P.2d 1094 (1978).

41984–1989
Lindsey v. Louisiana green
scotus · 1983
2 sentences

1986Hopkinson v. State, Wyo., 664 P.2d 43 (1983), cert. denied 464 U.S. 908 , 104 S.Ct. 262 , 78 *175 L.Ed.2d 246 (1983); Nickelson v. People, Wyo., 607 P.2d 904 (1980); and Nisonger v. State, Wyo., 581 P.2d 1094 (1978).

1986Hopkinson v. State, Wyo., 664 P.2d 43 (1983), cert. denied 464 U.S. 908 , 104 S.Ct. 262 , 78 L.Ed.2d 246 (1983); Nickelson v. People, Wyo., 607 P.2d 904 (1980); and Nisonger v. State, Wyo., 581 P.2d 1094 (1978).

21986–1986
Donnelly v. DeChristoforo green
scotus · 1974
2 sentences

2014However, "[plrosecutorial misconduct implicates the right to a fair trial and, as a consequence, due process of law." Solis v. State, 2013 WY 152, ¶ 42 , 315 P.3d 622, 632 (Wyo.2013) (citing Donnelly v. De-Christoforo, 416 U.S. 637, 643 , 94 S.Ct. 1868, 1871 , 40 L.Ed.2d 431 (1974)).

2014However, "[plrosecutorial misconduct implicates the right to a fair trial and, as a consequence, due process of law." Solis v. State, 2013 WY 152, ¶ 42 , 315 P.3d 622, 632 (Wyo.2013) (citing Donnelly v. De-Christoforo, 416 U.S. 637, 643 , 94 S.Ct. 1868, 1871 , 40 L.Ed.2d 431 (1974)).

12014–2014
TR v. Washakie County Department of Public Assistance & Social Services green
wyo · 1987
1 sentence

1987We quote from TR v. Washakie County Department of Public Assistance and Social Services, supra, 736 P.2d at 719 -720: “ * * * The rule to be applied is well settled: * * * [I]n the absence of fundamental error affecting a substantial right of the appellant or involving the jurisdiction of the court, we do not consider questions sought to be raised for the first time on appeal.

11987–1987

Statutes the citing opinions construe

WY § Wyo. Stat. § 14-2-309 (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

FL 52 (1980–2026) OK 27 (1935–2017) TX 17 (1937–2026) WY 14 (1984–2019) AZ 10 (1977–2014) PA 6 (1955–2019) NM 5 (1969–1997) ID 2 (2003–2010) IN 2 (1985–2011)

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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