availability defense (District of Columbia) · Go Syfert
← District of Columbia issues

availability defense in District of Columbia

13 District of Columbia opinions name it 1 courts 1973–2026 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 (10)

CaseFollowedCited
Gorbey v. United Statesgreen
dc · 2012 · cited in 1 District of Columbia opinions naming this issue, 2026–2026
1 sentence

2026See Maziarz, 312 A.3d at 1241 (“The court must make specific findings as to whether the defendant has made an intelligent and voluntary decision on whether to raise or waive the defense.”) (citation modified); Gorbey, 54 A.3d at 693 (holding that the trial court “did not conduct the inquiry that Frendak envisions” where “the court did no more than confirm that appellant was, in fact, waiving the insanity defense”); Phenis, 909 A.2d at 155 (noting that Frendak is concerned with the defendant’s “capacity at the time of trial to recognize the availability of the defense and whatever advantages—as

11
Hill v. County Concrete Co., Inc.green
mdctspecapp · 1996 · cited in 1 District of Columbia opinions naming this issue, 2012–2012
2 sentences

2012Whereas Maryland has applied this doctrine in Cranson , and as recently as 1996, has recognized that the doctrine remains in existence in Hill v. County Concrete Co., 108 Md.App. 527 , 672 A.2d 667, 672 (1996), it is unsettled whether D.C. law even recognizes the corporation by estoppel doctrine.

2012Whereas Maryland has applied this doctrine in Cranson , and as recently as 1996, has recognized that the doctrine remains in existence in Hill v. County Concrete Co., 108 Md.App. 527 , 672 A.2d 667, 672 (1996), it is unsettled whether D.C. law even recognizes the corporation by estoppel doctrine.

11
Patton v. United Statesgreen
dc · 2001 · cited in 1 District of Columbia opinions naming this issue, 2012–2012
1 sentence

2012“The scope of [a Frendak ] inquiry ... will vary according to the circumstances present in each case[.]” Patton v. United States, 782 A.2d 305, 312 (D.C.2001) (internal quotation marks omitted). 40 However, “because the court is dealing with an individual whose sanity has been questioned, a cursory explanation or a rote interrogation cannot satisfy the court’s duty.” Frendak, 408 A.2d at 380.

11
Briggs v. United Statesgreen
dc · 1987 · cited in 1 District of Columbia opinions naming this issue, 2006–2006
2 sentences

2006See id. at 592.

2006See id. at 592.

11
New York v. Quarlesgreen
scotus · 1984 · cited in 1 District of Columbia opinions naming this issue, 2003–2003
2 sentences

2003Quarles established a “public safety exception” to the requirement that Miranda warnings be given before a suspect’s answers may be admitted into evidence, and held that the availability of that exception “does not depend on the motivation of the individual officers involved.” Id. at 656-57, 104 S.Ct. 2626 .

2003Quarles established a “public safety exception” to the requirement that Miranda warnings be given before a suspect’s answers may be admitted into evidence, and held that the availability of that exception “does not depend on the motivation of the individual officers involved.” Id. at 656-57, 104 S.Ct. 2626 .

11
Mathews v. United Statesgreen
scotus · 1988 · cited in 1 District of Columbia opinions naming this issue, 1993–1993
2 sentences

1993"We are simply unpersuaded by the government's suggestion," made with the concession that it can find no case authority for its suggestion, "that we should make the availability of an instruction on [self-defense] where the evidence justifies it subject to a requirement of consistency to which no other defense is subject." Mathews, supra, 485 U.S. at 66 (referring to the defense of entrapment). [19] In Guillard, supra note 16 , 596 A.2d at 62 n. 1, the court rejected the view that Hale v. United States, 361 A.2d 212 (D.C.1976), stood for the proposition that a defendant was not entitled to a s

1993“We are simply unpersuaded by the government’s suggestion,” made with the concession that it can find no case authority for its suggestion, "that we should make the availability of an instruction on [self-defense] where the evidence justifies it subject to a requirement of consistency to which no other defense is subject." Mathews, supra, 485 U.S. at 66 (referring to the defense of entrapment). .

11
Ormiston v. Commonwealth, Unemployment Compensation Board of Reviewgreen
pacommwct · 1981 · cited in 1 District of Columbia opinions naming this issue, 1983–1983
1 sentence

1983Ormiston v. Commonwealth of Pennsylvania Unemployment Compensation Board of Review, 58 Pa.Commw. 225, 227, 427 A.2d 746, 747 (Pa.Commw.1981).

11
Kephart v. Kephartgreen
cadc · 1952 · cited in 1 District of Columbia opinions naming this issue, 1982–1982
2 sentences

1982See cases collected in Annot., 5 A.L.R. 4th 1015 , §§ 4, 5 (1981); compare Schmittinger v. Schmittinger, D.C.App., 404 A.2d 967 (1979) (laches available as a defense to an action seeking to collect past due child support payments provided for in separation agreement which was not merged in divorce decree); Amidon v. Amidon, D.C.App., 280 A.2d 82 (1971) (same); and Kephart, supra at 376 , 193 F.2d at 680 (laches available as defense to contempt proceeding based on failure to satisfy court-ordered support obligations).

1982See cases collected in Annot., 5 A.L.R. 4th 1015 , §§ 4, 5 (1981); compare Schmittinger v. Schmittinger, D.C.App., 404 A.2d 967 (1979) (laches available as a defense to an action seeking to collect past due child support payments provided for in separation agreement which was not merged in divorce decree); Amidon v. Amidon, D.C.App., 280 A.2d 82 (1971) (same); and Kephart, supra at 376 , 193 F.2d at 680 (laches available as defense to contempt proceeding based on failure to satisfy court-ordered support obligations).

11
Schmittinger v. Schmittingergreen
dc · 1979 · cited in 1 District of Columbia opinions naming this issue, 1982–1982
2 sentences

1982See cases collected in Annot., 5 A.L.R. 4th 1015 , §§ 4, 5 (1981); compare Schmittinger v. Schmittinger, D.C.App., 404 A.2d 967 (1979) (laches available as a defense to an action seeking to collect past due child support payments provided for in separation agreement which was not merged in divorce decree); Amidon v. Amidon, D.C.App., 280 A.2d 82 (1971) (same); and Kephart, supra at 376 , 193 F.2d at 680 (laches available as defense to contempt proceeding based on failure to satisfy court-ordered support obligations).

1982See cases collected in Annot., 5 A.L.R. 4th 1015 , §§ 4, 5 (1981); compare Schmittinger v. Schmittinger, D.C.App., 404 A.2d 967 (1979) (laches available as a defense to an action seeking to collect past due child support payments provided for in separation agreement which was not merged in divorce decree); Amidon v. Amidon, D.C.App., 280 A.2d 82 (1971) (same); and Kephart, supra at 376 , 193 F.2d at 680 (laches available as defense to contempt proceeding based on failure to satisfy court-ordered support obligations).

11
United States v. Floyd B. Harmongreen
ca6 · 1965 · cited in 1 District of Columbia opinions naming this issue, 1976–1976
1 sentence

1976United States v. Harmon, 339 F.2d 354, 359 (6th Cir. 1964), cert. denied, 380 U.S. 944 , 85 S.Ct. 1025 , 13 L.Ed.2d 963 (1965), and it is at that time that the trial judge must measure the claimed privilege against the traditional criteria of whether the witness has reasonable cause to apprehend danger from a direct answer to the question.

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
Andrew v. CHEVY CHASE BUICK green
dc · 2008
1 sentence

2022We review a trial court’s evidentiary decisions for abuse of discretion, “broadly defer[ring] to the trial court due to its ‘familiarity with the details of the case and its greater experience in evidentiary matters.’” Johnson v. United States, 960 A.2d 281 , 294 (D.C. 2008) (quoting Sprint/United Mgmt.

12022–2022
Berman v. Watergate West, Inc. green
dc · 1978
1 sentence

1995In Berman v. Watergate West, 391 A.2d 1351 (D.C.1978), this court recognized a cause of action for strict liability in tort based on principles set forth in the Restatement (Second) of Torts § 402A.

11995–1995
Harlow v. Fitzgerald green
scotus · 1982
2 sentences

1993Harlow, supra, 457 U.S. at 818 , 102 S.Ct. at 2738 ; Davis, supra, 468 U.S. at 191 , 104 S.Ct. at 3017 .

1993Harlow, supra, 457 U.S. at 818 , 102 S.Ct. at 2738 ; Davis, supra, 468 U.S. at 191 , 104 S.Ct. at 3017 .

11993–1993
Adams v. United States green
dc · 1989
2 sentences

1993"We are simply unpersuaded by the government's suggestion," made with the concession that it can find no case authority for its suggestion, "that we should make the availability of an instruction on [self-defense] where the evidence justifies it subject to a requirement of consistency to which no other defense is subject." Mathews, supra, 485 U.S. at 66 (referring to the defense of entrapment). [19] In Guillard, supra note 16 , 596 A.2d at 62 n. 1, the court rejected the view that Hale v. United States, 361 A.2d 212 (D.C.1976), stood for the proposition that a defendant was not entitled to a s

1993"We are simply unpersuaded by the government's suggestion," made with the concession that it can find no case authority for its suggestion, "that we should make the availability of an instruction on [self-defense] where the evidence justifies it subject to a requirement of consistency to which no other defense is subject." Mathews, supra, 485 U.S. at 66 (referring to the defense of entrapment). [19] In Guillard, supra note 16 , 596 A.2d at 62 n. 1, the court rejected the view that Hale v. United States, 361 A.2d 212 (D.C.1976), stood for the proposition that a defendant was not entitled to a s

11993–1993
Guillard v. United States green
dc · 1991
2 sentences

1993"We are simply unpersuaded by the government's suggestion," made with the concession that it can find no case authority for its suggestion, "that we should make the availability of an instruction on [self-defense] where the evidence justifies it subject to a requirement of consistency to which no other defense is subject." Mathews, supra, 485 U.S. at 66 (referring to the defense of entrapment). [19] In Guillard, supra note 16 , 596 A.2d at 62 n. 1, the court rejected the view that Hale v. United States, 361 A.2d 212 (D.C.1976), stood for the proposition that a defendant was not entitled to a s

1993"We are simply unpersuaded by the government's suggestion," made with the concession that it can find no case authority for its suggestion, "that we should make the availability of an instruction on [self-defense] where the evidence justifies it subject to a requirement of consistency to which no other defense is subject." Mathews, supra, 485 U.S. at 66 (referring to the defense of entrapment). [19] In Guillard, supra note 16 , 596 A.2d at 62 n. 1, the court rejected the view that Hale v. United States, 361 A.2d 212 (D.C.1976), stood for the proposition that a defendant was not entitled to a s

11993–1993
United States v. James L. Crowder green
cadc · 1976
1 sentence

1993"We are simply unpersuaded by the government's suggestion," made with the concession that it can find no case authority for its suggestion, "that we should make the availability of an instruction on [self-defense] where the evidence justifies it subject to a requirement of consistency to which no other defense is subject." Mathews, supra, 485 U.S. at 66 (referring to the defense of entrapment). [19] In Guillard, supra note 16 , 596 A.2d at 62 n. 1, the court rejected the view that Hale v. United States, 361 A.2d 212 (D.C.1976), stood for the proposition that a defendant was not entitled to a s

11993–1993
Davis v. Scherer green
scotus · 1984
2 sentences

1993Harlow, supra, 457 U.S. at 818 , 102 S.Ct. at 2738 ; Davis, supra, 468 U.S. at 191 , 104 S.Ct. at 3017 .

1993Harlow, supra, 457 U.S. at 818 , 102 S.Ct. at 2738 ; Davis, supra, 468 U.S. at 191 , 104 S.Ct. at 3017 .

11993–1993
Hale v. United States green
dc · 1976
2 sentences

1993"We are simply unpersuaded by the government's suggestion," made with the concession that it can find no case authority for its suggestion, "that we should make the availability of an instruction on [self-defense] where the evidence justifies it subject to a requirement of consistency to which no other defense is subject." Mathews, supra, 485 U.S. at 66 (referring to the defense of entrapment). [19] In Guillard, supra note 16 , 596 A.2d at 62 n. 1, the court rejected the view that Hale v. United States, 361 A.2d 212 (D.C.1976), stood for the proposition that a defendant was not entitled to a s

1993In Guillard, supra note 16 , 596 A.2d at 62 n. 1, the court rejected the view that Hale v. United States, 361 A.2d 212 (D.C.1976), stood for the proposition that a defendant was not entitled to a self-defense instruction where he did not admit he committed the crime, noting that the government's position was contrary to Adams, supra, 558 A.2d 348 . .

11993–1993
Amidon v. Amidon green
dc · 1971
2 sentences

1982See cases collected in Annot., 5 A.L.R. 4th 1015 , §§ 4, 5 (1981); compare Schmittinger v. Schmittinger, D.C.App., 404 A.2d 967 (1979) (laches available as a defense to an action seeking to collect past due child support payments provided for in separation agreement which was not merged in divorce decree); Amidon v. Amidon, D.C.App., 280 A.2d 82 (1971) (same); and Kephart, supra at 376 , 193 F.2d at 680 (laches available as defense to contempt proceeding based on failure to satisfy court-ordered support obligations).

1982See cases collected in Annot., 5 A.L.R. 4th 1015 , §§ 4, 5 (1981); compare Schmittinger v. Schmittinger, D.C.App., 404 A.2d 967 (1979) (laches available as a defense to an action seeking to collect past due child support payments provided for in separation agreement which was not merged in divorce decree); Amidon v. Amidon, D.C.App., 280 A.2d 82 (1971) (same); and Kephart, supra at 376 , 193 F.2d at 680 (laches available as defense to contempt proceeding based on failure to satisfy court-ordered support obligations).

11982–1982
Pan-American Life Insurance v. Botana green
scotus · 1965
1 sentence

1976United States v. Harmon, 339 F.2d 354, 359 (6th Cir. 1964), cert. denied, 380 U.S. 944 , 85 S.Ct. 1025 , 13 L.Ed.2d 963 (1965), and it is at that time that the trial judge must measure the claimed privilege against the traditional criteria of whether the witness has reasonable cause to apprehend danger from a direct answer to the question.

11976–1976
Northern Metal Co. v. Pennsylvania Board of Finance & Revenue green
scotus · 1965
1 sentence

1976United States v. Harmon, 339 F.2d 354, 359 (6th Cir. 1964), cert. denied, 380 U.S. 944 , 85 S.Ct. 1025 , 13 L.Ed.2d 963 (1965), and it is at that time that the trial judge must measure the claimed privilege against the traditional criteria of whether the witness has reasonable cause to apprehend danger from a direct answer to the question.

11976–1976
James A. Baker v. Walter E. Washington neutral
cadc · 1971
2 sentences

1973Baker v. Washington, 145 U.S.App.D.C. 277 , 448 F.2d 1200 (1971); Carter v. Carlson, su pra; Spencer v. General Hospital of District of Columbia, supra; Elgin v. District of Columbia, supra. Proceeding from general principles to the facts of this case, we think it settled that for immunity purposes the act of making an arrest is ministerial.

1973Baker v. Washington, 145 U.S.App.D.C. 277 , 448 F.2d 1200 (1971); Carter v. Carlson, su pra; Spencer v. General Hospital of District of Columbia, supra; Elgin v. District of Columbia, supra. Proceeding from general principles to the facts of this case, we think it settled that for immunity purposes the act of making an arrest is ministerial.

11973–1973

Where else courts name it

NY 129 (1892–2026) PA 101 (1947–2026) CA 74 (1938–2026) CT 49 (1947–2024) FL 38 (1916–2023) NJ 35 (1930–2024) TX 32 (1920–2023) MI 30 (1951–2023) OH 28 (1985–2025) IL 27 (1912–2026) IN 27 (1978–2026) AL 26 (1913–2025) OR 22 (1951–2023) WA 21 (1966–2026) MA 19 (1975–2020) DE 19 (1957–2025) MD 19 (1962–2026) MN 19 (1953–2026) VT 16 (1963–2024) IA 15 (1975–2023) NC 14 (1941–2020) KS 13 (1961–2024) CO 13 (1973–2021) DC 13 (1973–2026) WI 11 (1957–2025) VA 11 (1956–2024) TN 11 (1987–2024) LA 11 (1971–2017) MT 11 (1976–2018) WY 10 (1972–2010) WV 10 (1989–2021) MO 10 (1970–2023) ME 9 (1977–2022) UT 9 (1982–2022) NM 9 (1978–2020) GA 8 (1994–2020) RI 8 (1937–2007) NH 7 (1979–2007) AR 6 (1972–2021) AZ 6 (1962–2016) HI 5 (1962–2023) ID 4 (1961–2025) SC 4 (1951–2007) NE 3 (1947–2014) KY 3 (2017–2024) SD 3 (1981–2020) NV 3 (1994–2011) OK 2 (2014–2014) AK 2 (1980–1992)

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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