conviction error (Alaska) · Go Syfert
← Alaska issues

conviction error in Alaska

12 Alaska opinions name it 2 courts 1965–2012 0 in the last five years

The cases below were cited by Alaska 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 (21)

CaseFollowedCited
Mayers v. Stategreen
missctapp · 2010 · cited in 1 Alaska opinions naming this issue, 2012–2012
1 sentence

2012See Mayers v. State, 42 So.3d 33, 44-45 (Miss.App.2010) (holding that a conviction in violation of the ex post facto clause is plain error); State v. Clemons, unpublished, 2011 WL 861847 , *4 (Ohio App.2011) (same); People v. Barnes, unpublished, 2010 WL 4970759 , *4 (Mich.App.2010) (holding that imposition of increased punishment in violation of the ex post facto clause is plain error); State v. Simmick, 279 Neb. 499 , 779 N.W.2d 335, 342 (2010) (same); State v. Houston, unpublished, 2009 WL 130189 , *8 (Tenn.Crim.App.2009) (same).

11
State v. Simnickgreen
neb · 2010 · cited in 1 Alaska opinions naming this issue, 2012–2012
2 sentences

2012See Mayers v. State, 42 So.3d 33, 44-45 (Miss.App.2010) (holding that a conviction in violation of the ex post facto clause is plain error); State v. Clemons, unpublished, 2011 WL 861847 , *4 (Ohio App.2011) (same); People v. Barnes, unpublished, 2010 WL 4970759 , *4 (Mich.App.2010) (holding that imposition of increased punishment in violation of the ex post facto clause is plain error); State v. Simmick, 279 Neb. 499 , 779 N.W.2d 335, 342 (2010) (same); State v. Houston, unpublished, 2009 WL 130189 , *8 (Tenn.Crim.App.2009) (same).

2012See Mayers v. State, 42 So.3d 33, 44-45 (Miss.App.2010) (holding that a conviction in violation of the ex post facto clause is plain error); State v. Clemons, unpublished, 2011 WL 861847 , *4 (Ohio App.2011) (same); People v. Barnes, unpublished, 2010 WL 4970759 , *4 (Mich.App.2010) (holding that imposition of increased punishment in violation of the ex post facto clause is plain error); State v. Simmick, 279 Neb. 499 , 779 N.W.2d 335, 342 (2010) (same); State v. Houston, unpublished, 2009 WL 130189 , *8 (Tenn.Crim.App.2009) (same).

11
Edmonds v. Stategreen
alaskactapp · 2005 · cited in 1 Alaska opinions naming this issue, 2007–2007
2 sentences

2007We explained the rationale of the prior conviction exception in Edmonds v. State, 118 P.3d 17, 20 (Alaska App.2005): | For [a] defendant to be convicted of [a] crime ..., one of three things had to happen: either (1) the defendant exercised their right to trial by jury, and the jury found the defendant guilty;" or (2) the defendant was offered a jury trial but waived it, choosing instead to be tried by a judge, and the judge found the defendant guilty; ' or (8) the defendant was offered a jury trial but waived trial altogether, choosing instead to enter a plea of guilty or no contest.

2007We explained the rationale of the prior conviction exception in Edmonds v. State, 118 P.3d 17, 20 (Alaska App.2005): | For [a] defendant to be convicted of [a] crime ..., one of three things had to happen: either (1) the defendant exercised their right to trial by jury, and the jury found the defendant guilty;" or (2) the defendant was offered a jury trial but waived it, choosing instead to be tried by a judge, and the judge found the defendant guilty; ' or (8) the defendant was offered a jury trial but waived trial altogether, choosing instead to enter a plea of guilty or no contest.

11
Ned v. Stategreen
alaskactapp · 2005 · cited in 1 Alaska opinions naming this issue, 2006–2006
1 sentence

2006We discussed both of these cases in Ned v. State, 119 P.3d 438, 443-44 (Alaska App.2005).

11
Grohs v. Stategreen
alaskactapp · 2005 · cited in 1 Alaska opinions naming this issue, 2006–2006
1 sentence

2006See Grohs v. State, 118 P.3d 1080, 1084 (Alaska App.2005) (holding that when aggravator (c)(21) is based on a defendant’s uncontested prior convictions, the Blakely exception for prior convictions applies, and the aggravator need not be submitted to a jury); Milligrock v. State, 118 P.3d 11, 16 (same holding with respect to aggra-vator (c)(8)). 35 .See United States v. Cotton, 535 U.S. 625, 633-34 , 122 S.Ct. 1781, 1786-87 , 152 L.Ed.2d 860 (2002), and Johnson v. United States, 520 U.S. 461, 466-68 , 117 S.Ct. 1544, 1548-49 , 137 L.Ed.2d 718 (1997), both holding that a denial of the right to j

11
Milligrock v. Stategreen
alaskactapp · 2005 · cited in 1 Alaska opinions naming this issue, 2006–2006
1 sentence

2006See Grohs v. State, 118 P.3d 1080, 1084 (Alaska App.2005) (holding that when aggravator (c)(21) is based on a defendant’s uncontested prior convictions, the Blakely exception for prior convictions applies, and the aggravator need not be submitted to a jury); Milligrock v. State, 118 P.3d 11, 16 (same holding with respect to aggra-vator (c)(8)). 35 .See United States v. Cotton, 535 U.S. 625, 633-34 , 122 S.Ct. 1781, 1786-87 , 152 L.Ed.2d 860 (2002), and Johnson v. United States, 520 U.S. 461, 466-68 , 117 S.Ct. 1544, 1548-49 , 137 L.Ed.2d 718 (1997), both holding that a denial of the right to j

11
People v. Riveragreen
ny · 2005 · cited in 1 Alaska opinions naming this issue, 2006–2006
2 sentences

2006See United States v. Rodriguez-Montelongo, 263 F.3d 429, 434 (5th Cir.2001) (declaring that it is a court of appeals' duty "to apply the law as it exists," and that it is solely the prerogative of the Supreme Court to overrule its precedent if it chooses); United States v. Davis, 260 F.3d 965, 969 (8th Cir.2001) ("It is our role to apply Supreme Court precedent as it stands, and not as it may develop.”); United States v. Losoya-Mancias, 332 F.Supp.2d 1261, 1265 (D.N.D.2004); United States v. Gebele, 117 F.Supp.2d 540, 548-49 (W.D.Va.2000) (the fact that a majority of the Supreme Court may have

2006See United States v. Rodriguez-Montelongo, 263 F.3d 429, 434 (5th Cir.2001) (declaring that it is a court of appeals' duty "to apply the law as it exists," and that it is solely the prerogative of the Supreme Court to overrule its precedent if it chooses); United States v. Davis, 260 F.3d 965, 969 (8th Cir.2001) ("It is our role to apply Supreme Court precedent as it stands, and not as it may develop.”); United States v. Losoya-Mancias, 332 F.Supp.2d 1261, 1265 (D.N.D.2004); United States v. Gebele, 117 F.Supp.2d 540, 548-49 (W.D.Va.2000) (the fact that a majority of the Supreme Court may have

11
United States v. Larry Davisgreen
ca8 · 2001 · cited in 1 Alaska opinions naming this issue, 2006–2006
1 sentence

2006See United States v. Rodriguez-Montelongo, 263 F.3d 429, 434 (5th Cir.2001) (declaring that it is a court of appeals' duty "to apply the law as it exists," and that it is solely the prerogative of the Supreme Court to overrule its precedent if it chooses); United States v. Davis, 260 F.3d 965, 969 (8th Cir.2001) ("It is our role to apply Supreme Court precedent as it stands, and not as it may develop.”); United States v. Losoya-Mancias, 332 F.Supp.2d 1261, 1265 (D.N.D.2004); United States v. Gebele, 117 F.Supp.2d 540, 548-49 (W.D.Va.2000) (the fact that a majority of the Supreme Court may have

11
United States of America v. Ramon Rodriguez-Montelongogreen
ca5 · 2001 · cited in 1 Alaska opinions naming this issue, 2006–2006
1 sentence

2006See United States v. Rodriguez-Montelongo, 263 F.3d 429, 434 (5th Cir.2001) (declaring that it is a court of appeals' duty "to apply the law as it exists," and that it is solely the prerogative of the Supreme Court to overrule its precedent if it chooses); United States v. Davis, 260 F.3d 965, 969 (8th Cir.2001) ("It is our role to apply Supreme Court precedent as it stands, and not as it may develop.”); United States v. Losoya-Mancias, 332 F.Supp.2d 1261, 1265 (D.N.D.2004); United States v. Gebele, 117 F.Supp.2d 540, 548-49 (W.D.Va.2000) (the fact that a majority of the Supreme Court may have

11
United States v. Gebelegreen
vawd · 2000 · cited in 1 Alaska opinions naming this issue, 2006–2006
1 sentence

2006See United States v. Rodriguez-Montelongo, 263 F.3d 429, 434 (5th Cir.2001) (declaring that it is a court of appeals' duty "to apply the law as it exists," and that it is solely the prerogative of the Supreme Court to overrule its precedent if it chooses); United States v. Davis, 260 F.3d 965, 969 (8th Cir.2001) ("It is our role to apply Supreme Court precedent as it stands, and not as it may develop.”); United States v. Losoya-Mancias, 332 F.Supp.2d 1261, 1265 (D.N.D.2004); United States v. Gebele, 117 F.Supp.2d 540, 548-49 (W.D.Va.2000) (the fact that a majority of the Supreme Court may have

11
United States v. Losoya-Manciasgreen
ndd · 2004 · cited in 1 Alaska opinions naming this issue, 2006–2006
1 sentence

2006See United States v. Rodriguez-Montelongo, 263 F.3d 429, 434 (5th Cir.2001) (declaring that it is a court of appeals' duty "to apply the law as it exists," and that it is solely the prerogative of the Supreme Court to overrule its precedent if it chooses); United States v. Davis, 260 F.3d 965, 969 (8th Cir.2001) ("It is our role to apply Supreme Court precedent as it stands, and not as it may develop.”); United States v. Losoya-Mancias, 332 F.Supp.2d 1261, 1265 (D.N.D.2004); United States v. Gebele, 117 F.Supp.2d 540, 548-49 (W.D.Va.2000) (the fact that a majority of the Supreme Court may have

11
Cameron v. Hughesgreen
alaska · 1992 · cited in 1 Alaska opinions naming this issue, 1999–1999
1 sentence

1999See Cameron v. Hughes, 825 P.2d 882 , 884 n. 2 (Alaska 1992) (applying de novo standard of review to trial court’s interpretation of appellate rule). 3 .

11
United States v. Felipe Guzman Santa-Cruzgreen
ca9 · 1995 · cited in 1 Alaska opinions naming this issue, 1998–1998
1 sentence

1998Calapp does not contest the admissibility of this conviction. [1] See United States v. Vizcarra-Martinez, 66 F.3d 1006, 1014-16 (9th Cir.1995) (as amended on denial of rehearing); United States v. Santa-Cruz, 48 F.3d 1118, 1119-1120 (9th Cir.1995); United States v. Arambula-Ruiz, 987 F.2d 599, 603 (9th Cir.1993); Ramirez-Jiminez, supra ; United States v. Hyman, 741 F.2d 906 (7th Cir.1984); United States v. Falco, 727 F.2d 659, 663 (7th Cir.1984). [1] I do agree that Calapp's prior forgery conviction was not particularly relevant to establish his culpable mental state or discredit his claim of

11
United States v. Fernando Vizcarra-Martinezgreen
ca9 · 1995 · cited in 1 Alaska opinions naming this issue, 1998–1998
1 sentence

1998Calapp does not contest the admissibility of this conviction. [1] See United States v. Vizcarra-Martinez, 66 F.3d 1006, 1014-16 (9th Cir.1995) (as amended on denial of rehearing); United States v. Santa-Cruz, 48 F.3d 1118, 1119-1120 (9th Cir.1995); United States v. Arambula-Ruiz, 987 F.2d 599, 603 (9th Cir.1993); Ramirez-Jiminez, supra ; United States v. Hyman, 741 F.2d 906 (7th Cir.1984); United States v. Falco, 727 F.2d 659, 663 (7th Cir.1984). [1] I do agree that Calapp's prior forgery conviction was not particularly relevant to establish his culpable mental state or discredit his claim of

11
United States v. James Falcogreen
ca7 · 1984 · cited in 1 Alaska opinions naming this issue, 1998–1998
1 sentence

1998Calapp does not contest the admissibility of this conviction. [1] See United States v. Vizcarra-Martinez, 66 F.3d 1006, 1014-16 (9th Cir.1995) (as amended on denial of rehearing); United States v. Santa-Cruz, 48 F.3d 1118, 1119-1120 (9th Cir.1995); United States v. Arambula-Ruiz, 987 F.2d 599, 603 (9th Cir.1993); Ramirez-Jiminez, supra ; United States v. Hyman, 741 F.2d 906 (7th Cir.1984); United States v. Falco, 727 F.2d 659, 663 (7th Cir.1984). [1] I do agree that Calapp's prior forgery conviction was not particularly relevant to establish his culpable mental state or discredit his claim of

11
United States v. Jose Arambula-Ruizgreen
ca9 · 1993 · cited in 1 Alaska opinions naming this issue, 1998–1998
1 sentence

1998Calapp does not contest the admissibility of this conviction. [1] See United States v. Vizcarra-Martinez, 66 F.3d 1006, 1014-16 (9th Cir.1995) (as amended on denial of rehearing); United States v. Santa-Cruz, 48 F.3d 1118, 1119-1120 (9th Cir.1995); United States v. Arambula-Ruiz, 987 F.2d 599, 603 (9th Cir.1993); Ramirez-Jiminez, supra ; United States v. Hyman, 741 F.2d 906 (7th Cir.1984); United States v. Falco, 727 F.2d 659, 663 (7th Cir.1984). [1] I do agree that Calapp's prior forgery conviction was not particularly relevant to establish his culpable mental state or discredit his claim of

11
United States v. Michael Galgano, United States of America v. Anthony Carminatigreen
ca2 · 1960 · cited in 1 Alaska opinions naming this issue, 1965–1965
11
Sanford Ralph Abramson v. United Statesgreen
ca5 · 1964 · cited in 1 Alaska opinions naming this issue, 1965–1965
11
William Worthy, Jr. v. United Statesgreen
ca5 · 1964 · cited in 1 Alaska opinions naming this issue, 1965–1965
11
Briggs v. Kellygreen
alaska · 1962 · cited in 1 Alaska opinions naming this issue, 1965–1965
11
Zerbinos v. Lewisgreen
alaska · 1964 · cited in 1 Alaska opinions naming this issue, 1965–1965
2 sentences

1965Worthy v. United States, 328 F.2d 386, 391 (5th Cir.1964); Abramson v. United States, 326 F.2d 565, 567 (5th Cir.1984), cert. denied, 377 U.S. 957 , 84 S.Ct. 1636 , 12 L.Ed.2d 500 ; United States v. Galgano, 281 F.2d 908, 911 (2d Cir.1960), cert. denied, Carminati v. United States, 366 U.S. 960 , 81 S.Ct. 1916 , 6 L.Ed.2d 1253 , cert. denied, 366 U.S. 967 , 81 S.Ct. 1929 , 6 L.Ed.2d 1257 ; See Zerbinos v. Lewis, 394 P.2d 886, 890 (Alaska 1964), Briggs v. Kelly, 376 P.2d 715, 717 (Alaska 1962).

1965Error in the citation or its omission shall not be ground for dismissal of the indictment or information or for reversal of a conviction if the error or omission did not mislead the defendant to his prejudice. [28] Worthy v. United States, 328 F.2d 386, 391 (5th Cir.1964); Abramson v. United States, 326 F.2d 565, 567 (5th Cir.1964), cert. denied, 377 U.S. 957 , 84 S.Ct. 1636 , 12 L.Ed.2d 500 ; United States v. Galgano, 281 F.2d 908, 911 (2d Cir.1960), cert. denied, Carminati v. United States, 366 U.S. 960 , 81 S.Ct. 1916 , 6 L.Ed.2d 1253 , cert. denied, 366 U.S. 967 , 81 S.Ct. 1929 , 6 L.Ed.2d

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (19)

CaseCitedYears
Tyler v. State green
alaskactapp · 2006
2 sentences

2007Regardless of how the defendant was found guilty, the defendant's right to jury trial and the defendant's right to proof beyond a reasonable doubt were both honored-and thus Blakely is satisfied." Second, as. we recently noted in Tyler v. State, 133 P.3d 686 (Alaska App.2006), even though lawyers and judges might reasonably dispute the continuing vitality of the prior conviction exception, "the United States Supreme Court has cautioned lower courts that they should not deviate from Supreme Court precedent, even when the Supreme Court's later decisions seemingly invalidate that precedent or cal

2007Thus, even though there may be reason to doubt whether the prior conviction exception still commands five votes among the members of the Supreme Court, "[this exception continues to be the law of the land unless and until the United States Supreme Court expressly abandons or modifies it." Id. at 690 .

12007–2007
Johnson v. United States green
scotus · 1997
2 sentences

2006See Grohs v. State, 118 P.3d 1080, 1084 (Alaska App.2005) (holding that when aggravator (c)(21) is based on a defendant’s uncontested prior convictions, the Blakely exception for prior convictions applies, and the aggravator need not be submitted to a jury); Milligrock v. State, 118 P.3d 11, 16 (same holding with respect to aggra-vator (c)(8)). 35 .See United States v. Cotton, 535 U.S. 625, 633-34 , 122 S.Ct. 1781, 1786-87 , 152 L.Ed.2d 860 (2002), and Johnson v. United States, 520 U.S. 461, 466-68 , 117 S.Ct. 1544, 1548-49 , 137 L.Ed.2d 718 (1997), both holding that a denial of the right to j

2006See Grohs v. State, 118 P.3d 1080, 1084 (Alaska App.2005) (holding that when aggravator (c)(21) is based on a defendant’s uncontested prior convictions, the Blakely exception for prior convictions applies, and the aggravator need not be submitted to a jury); Milligrock v. State, 118 P.3d 11, 16 (same holding with respect to aggra-vator (c)(8)). 35 .See United States v. Cotton, 535 U.S. 625, 633-34 , 122 S.Ct. 1781, 1786-87 , 152 L.Ed.2d 860 (2002), and Johnson v. United States, 520 U.S. 461, 466-68 , 117 S.Ct. 1544, 1548-49 , 137 L.Ed.2d 718 (1997), both holding that a denial of the right to j

12006–2006
United States v. Cotton green
scotus · 2002
2 sentences

2006See Grohs v. State, 118 P.3d 1080, 1084 (Alaska App.2005) (holding that when aggravator (c)(21) is based on a defendant’s uncontested prior convictions, the Blakely exception for prior convictions applies, and the aggravator need not be submitted to a jury); Milligrock v. State, 118 P.3d 11, 16 (same holding with respect to aggra-vator (c)(8)). 35 .See United States v. Cotton, 535 U.S. 625, 633-34 , 122 S.Ct. 1781, 1786-87 , 152 L.Ed.2d 860 (2002), and Johnson v. United States, 520 U.S. 461, 466-68 , 117 S.Ct. 1544, 1548-49 , 137 L.Ed.2d 718 (1997), both holding that a denial of the right to j

2006See Grohs v. State, 118 P.3d 1080, 1084 (Alaska App.2005) (holding that when aggravator (c)(21) is based on a defendant’s uncontested prior convictions, the Blakely exception for prior convictions applies, and the aggravator need not be submitted to a jury); Milligrock v. State, 118 P.3d 11, 16 (same holding with respect to aggra-vator (c)(8)). 35 .See United States v. Cotton, 535 U.S. 625, 633-34 , 122 S.Ct. 1781, 1786-87 , 152 L.Ed.2d 860 (2002), and Johnson v. United States, 520 U.S. 461, 466-68 , 117 S.Ct. 1544, 1548-49 , 137 L.Ed.2d 718 (1997), both holding that a denial of the right to j

12006–2006
United States v. Samuel Hyman green
ca7 · 1984
1 sentence

1998Calapp does not contest the admissibility of this conviction. [1] See United States v. Vizcarra-Martinez, 66 F.3d 1006, 1014-16 (9th Cir.1995) (as amended on denial of rehearing); United States v. Santa-Cruz, 48 F.3d 1118, 1119-1120 (9th Cir.1995); United States v. Arambula-Ruiz, 987 F.2d 599, 603 (9th Cir.1993); Ramirez-Jiminez, supra ; United States v. Hyman, 741 F.2d 906 (7th Cir.1984); United States v. Falco, 727 F.2d 659, 663 (7th Cir.1984). [1] I do agree that Calapp's prior forgery conviction was not particularly relevant to establish his culpable mental state or discredit his claim of

11998–1998
United States v. Hector Ramirez-Jiminez green
ca9 · 1992
1 sentence

1998Calapp does not contest the admissibility of this conviction. [1] See United States v. Vizcarra-Martinez, 66 F.3d 1006, 1014-16 (9th Cir.1995) (as amended on denial of rehearing); United States v. Santa-Cruz, 48 F.3d 1118, 1119-1120 (9th Cir.1995); United States v. Arambula-Ruiz, 987 F.2d 599, 603 (9th Cir.1993); Ramirez-Jiminez, supra ; United States v. Hyman, 741 F.2d 906 (7th Cir.1984); United States v. Falco, 727 F.2d 659, 663 (7th Cir.1984). [1] I do agree that Calapp's prior forgery conviction was not particularly relevant to establish his culpable mental state or discredit his claim of

11998–1998
Scott v. Robertson green
alaska · 1978
1 sentence

1986Scott, 583 P.2d at 192 n. 16 & accompanying text.

11986–1986
Richardson v. State green
alaska · 1978
2 sentences

1985Richardson, 579 P.2d at 1376-77 . 1 Alaska Rule of Evidence 609(c) provides: Before a witness may be impeached by evidence of a prior conviction, the court shall be advised of the existence of the conviction and shall rule if the witness may be impeached by proof of the conviction by weighing its probative value against its prejudicial effect.

1985Richardson, 579 P.2d at 1376-77 . [1] Alaska Rule of Evidence 609(c) provides: *446 Before a witness may be impeached by evidence of a prior conviction, the court shall be advised of the existence of the conviction and shall rule if the witness may be impeached by proof of the conviction by weighing its probative value against its prejudicial effect.

11985–1985
Kirby v. United States green
scotus · 1899
2 sentences

1981The court agrees and reverses, citing Kirby v. United States, 174 U.S. 47 , 19 S.Ct. 574 , 43 L.Ed. 890 (1899). [1] The state defends the admissibility of the conviction, citing three hearsay exceptions: (1) the business records or official records exceptions, see Alaska Rules of Evidence 803(6) and 803(8)(a); (2) the declaration against penal interest exception, see Rule 804(b)(3); and (3) the catch-all exception for evidence otherwise sufficiently verified, see Rules 804(5) and 803(23). *359 The official and business records exceptions would excuse the absence of the person or persons prepar

1981The court agrees and reverses, citing Kirby v. United States, 174 U.S. 47 , 19 S.Ct. 574 , 43 L.Ed. 890 (1899). [1] The state defends the admissibility of the conviction, citing three hearsay exceptions: (1) the business records or official records exceptions, see Alaska Rules of Evidence 803(6) and 803(8)(a); (2) the declaration against penal interest exception, see Rule 804(b)(3); and (3) the catch-all exception for evidence otherwise sufficiently verified, see Rules 804(5) and 803(23). *359 The official and business records exceptions would excuse the absence of the person or persons prepar

11981–1981
Scenic Hudson Preservation Conference v. Federal Power Commission green
scotus · 1972
1 sentence

1978Before a witness may be impeached by evidence of a prior conviction, the court shall be advised of the existence of the conviction and shall rule if the witness may be impeached by proof of the conviction by weighing its probative value against its prejudicial effect.” A statutory provision similar to this was sustained against constitutional attack in Dixon v. United States, 287 A.2d 89 (D.C.App.1972), cert. denied, 407 U.S. 926 , 92 S.Ct. 2474 , 32 L.Ed.2d 813 (1972). 4 We find little in appellant’s constitutional argument which we did not consider in deciding Parish v. State, supra. We are

11978–1978
McKinnon v. State green
alaska · 1974
1 sentence

1978In McKinnon , we held that “. . . where a defendant has been denied the right to be represented by his chosen counsel, the subsequent entry of a plea of guilty or nolo contendere does not shield a conviction from challenge on appeal, since the voluntariness and reliability of such plea is inherently suspect 526 P.2d at 24 .

11978–1978
Jernigan v. Economy Exterminating Co. green
scotus · 1972
1 sentence

1978Before a witness may be impeached by evidence of a prior conviction, the court shall be advised of the existence of the conviction and shall rule if the witness may be impeached by proof of the conviction by weighing its probative value against its prejudicial effect.” A statutory provision similar to this was sustained against constitutional attack in Dixon v. United States, 287 A.2d 89 (D.C.App.1972), cert. denied, 407 U.S. 926 , 92 S.Ct. 2474 , 32 L.Ed.2d 813 (1972). 4 We find little in appellant’s constitutional argument which we did not consider in deciding Parish v. State, supra. We are

11978–1978
Dixon v. United States green
dc · 1972
1 sentence

1978Before a witness may be impeached by evidence of a prior conviction, the court shall be advised of the existence of the conviction and shall rule if the witness may be impeached by proof of the conviction by weighing its probative value against its prejudicial effect.” A statutory provision similar to this was sustained against constitutional attack in Dixon v. United States, 287 A.2d 89 (D.C.App.1972), cert. denied, 407 U.S. 926 , 92 S.Ct. 2474 , 32 L.Ed.2d 813 (1972). 4 We find little in appellant’s constitutional argument which we did not consider in deciding Parish v. State, supra. We are

11978–1978
Coleman v. State green
miss · 1903
11965–1965
Russell v. United States green
scotus · 1961
11965–1965
Carminati v. United States green
scotus · 1961
11965–1965
Dupuis v. Central & Southern Florida Flood Control District green
scotus · 1961
11965–1965
Myers v. United States neutral
scotus · 1961
11965–1965
Pollino v. Fay neutral
scotus · 1961
11965–1965
Sorce v. United States green
scotus · 1964
2 sentences

1965Worthy v. United States, 328 F.2d 386, 391 (5th Cir.1964); Abramson v. United States, 326 F.2d 565, 567 (5th Cir.1984), cert. denied, 377 U.S. 957 , 84 S.Ct. 1636 , 12 L.Ed.2d 500 ; United States v. Galgano, 281 F.2d 908, 911 (2d Cir.1960), cert. denied, Carminati v. United States, 366 U.S. 960 , 81 S.Ct. 1916 , 6 L.Ed.2d 1253 , cert. denied, 366 U.S. 967 , 81 S.Ct. 1929 , 6 L.Ed.2d 1257 ; See Zerbinos v. Lewis, 394 P.2d 886, 890 (Alaska 1964), Briggs v. Kelly, 376 P.2d 715, 717 (Alaska 1962).

1965Error in the citation or its omission shall not be ground for dismissal of the indictment or information or for reversal of a conviction if the error or omission did not mislead the defendant to his prejudice. [28] Worthy v. United States, 328 F.2d 386, 391 (5th Cir.1964); Abramson v. United States, 326 F.2d 565, 567 (5th Cir.1964), cert. denied, 377 U.S. 957 , 84 S.Ct. 1636 , 12 L.Ed.2d 500 ; United States v. Galgano, 281 F.2d 908, 911 (2d Cir.1960), cert. denied, Carminati v. United States, 366 U.S. 960 , 81 S.Ct. 1916 , 6 L.Ed.2d 1253 , cert. denied, 366 U.S. 967 , 81 S.Ct. 1929 , 6 L.Ed.2d

11965–1965

Statutes the citing opinions construe

AK § Alaska Stat. § 12.55.125 (3) AK § Alaska Stat. § 12.55.155 (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

CA 247 (1893–2026) TX 185 (1885–2026) IL 128 (1902–2026) LA 100 (1925–2025) MI 97 (1912–2026) GA 97 (1891–2025) PA 92 (1944–2025) OH 90 (1943–2026) NY 75 (1888–2024) WA 71 (1904–2026) IN 58 (1879–2026) CO 57 (1957–2025) FL 48 (1926–2026) MO 46 (1906–2025) MN 38 (1886–2024) KS 37 (1928–2021) NJ 36 (1938–2026) OR 34 (1964–2021) VA 33 (1913–2026) CT 31 (1947–2018) TN 30 (1930–2025) AL 30 (1910–2025) MS 27 (1909–2023) MD 25 (1949–2023) IA 25 (1914–2022) AZ 24 (1926–2026) NM 24 (1968–2020) MA 24 (1943–2025) OK 24 (1920–2009) NC 21 (1938–2024) NE 18 (1940–2026) AR 18 (1894–2019) RI 17 (1924–2026) HI 17 (1975–2025) SD 17 (1982–2023) WI 17 (1897–2025) WY 16 (1959–2023) UT 15 (1990–2024) DC 13 (1960–2011) ID 13 (1939–2024) KY 13 (1917–2023) AK 12 (1965–2012) VT 10 (1906–2016) SC 8 (1958–2018) ME 8 (1917–2015) MT 7 (1939–2025) WV 6 (1942–2024) NV 4 (1976–2019) ND 4 (1911–2022) NH 3 (1978–2015) DE 2 (1976–2013)

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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