forfeiture rule (Alaska) · Go Syfert
← Alaska issues

forfeiture rule in Alaska

12 Alaska opinions name it 2 courts 1976–2022 1 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 (22)

CaseFollowedCited
James v. Stategreen
alaska · 1977 · cited in 2 Alaska opinions naming this issue, 1985–1986
2 sentences

1985But see Henson v. State, 576 P.2d 1352 , 1356 n. 9 (Alaska 1978) (where continuance requested by defense counsel during hearing and defendant is present, his consent will be presumed in the absence of an objection). [7] In its application of Rule 45 to trial dates agreed upon at trial-setting conferences, the supreme court has implicitly rejected both a forfeiture rule, see Ahmaogak v. State, 595 P.2d 985 , 987 n. 3 (Alaska 1979), but see O'Dell, 573 P.2d at 1384 , and James v. State, 567 P.2d at 300 , as well as a waiver rule, see Snyder v. State, 524 P.2d at 664.

1985In its application of Rule 45 to trial dates agreed upon at trial-setting conferences, the supreme court has implicitly rejected both a forfeiture rule, see Ahmaogak v. State, 595 P.2d 985 , 987 n. 3 (Alaska 1979), but see O’Dell, 573 P.2d at 1384 , and James v. State, 567 P.2d at 300 , as well as a waiver rule, see Snyder v. State, 524 P.2d at 664.

22
In Re PNgreen
alaska · 1975 · cited in 2 Alaska opinions naming this issue, 1984–1984
2 sentences

1984See In re P.N., 533 P.2d 13, 19 (Alaska 1975) (defendant's testimony at child protection proceeding admitting sexual abuse of his child did not, in the absence of Miranda warnings, establish waiver of privilege against self-incrimination).

1984See In re P.N., 533 P.2d 13, 19 (Alaska 1975) (defendant’s testimony at child protection proceeding admitting sexual abuse of his child did not, in the absence of Miranda warnings, establish waiver of privilege against self-incrimination).

22
Fairbanks North Star Borough v. Kandik Construction, Inc. & Associatesgreen
alaska · 1990 · cited in 1 Alaska opinions naming this issue, 2007–2007
1 sentence

2007Co. v. Goldstein Oil Co., 801 F.2d 343 , 344-45 (8th Cir.1986) (reversing a district court's judgment in favor of the defendant on real party in interest grounds because the defendant's objection was untimely and the effect on the real party in interest was a forfeiture of the claim). 10 . 795 P.2d 793, 802 (Alaska 1990). 11 .

11
Annas v. Stategreen
alaskactapp · 1986 · cited in 1 Alaska opinions naming this issue, 1988–1988
1 sentence

1988See Annas v. State, 726 P.2d 552, 558 (Alaska App.1986) (Rule 12(e) *838 allows trial court to deny a continuance to hold an evidentiary hearing for an untimely pretrial motion when trial would be delayed); State v. Miller, 17 Or.App. 352 , 521 P.2d 1330 (1974), aff'd 269 Or. 328 , 524 P.2d 1399 (1974) (violation of local rule requiring affidavit accompanying suppression motion justifies denial of motion); State v. Holloway, 311 N.C. 573 , 319 S.E.2d 261 (1984) (defendant waives right to suppression for failure to include an affidavit specifying grounds for suppression).

11
Thomas v. Stategreen
alaska · 1974 · cited in 1 Alaska opinions naming this issue, 1985–1985
2 sentences

1985But see Henson v. State, 576 P.2d 1352 , 1356 n. 9 (Alaska 1978) (where continuance requested by defense counsel during hearing and defendant is present, his consent will be presumed in the absence of an objection). [7] In its application of Rule 45 to trial dates agreed upon at trial-setting conferences, the supreme court has implicitly rejected both a forfeiture rule, see Ahmaogak v. State, 595 P.2d 985 , 987 n. 3 (Alaska 1979), but see O'Dell, 573 P.2d at 1384 , and James v. State, 567 P.2d at 300 , as well as a waiver rule, see Snyder v. State, 524 P.2d at 664.

1985In its application of Rule 45 to trial dates agreed upon at trial-setting conferences, the supreme court has implicitly rejected both a forfeiture rule, see Ahmaogak v. State, 595 P.2d 985 , 987 n. 3 (Alaska 1979), but see O’Dell, 573 P.2d at 1384 , and James v. State, 567 P.2d at 300 , as well as a waiver rule, see Snyder v. State, 524 P.2d at 664.

11
Cooksey v. Stategreen
alaska · 1974 · cited in 1 Alaska opinions naming this issue, 1985–1985
2 sentences

1985See Coffey v. State, 585 P.2d 514, 520-21 (Alaska 1978) (rule that affirmative steps to protect the right to speedy trial are not required is inapplicable to post-waiver situations, where affirmative steps may reasonably be required); Henson v. State, 576 P.2d 1352 , 1355 n. 7 and 8 (Alaska 1978) (strong argument could be made that delay caused by nonappearance resulting from failure of defendant and his attorney to establish a thorough method of communication to assure defendant's presence when needed would be excluded under Rule 45); Cooksey v. State, 524 P.2d 1251, 1259-60 (Alaska 1974) (wh

1985See Coffey v. State, 585 P.2d 514, 520-21 (Alaska 1978) (rule that affirmative steps to protect the right to speedy trial are not required is inapplicable to post-waiver situations, where affirmative steps may reasonably be required); Henson v. State, 576 P.2d 1352 , 1355 n. 7 and 8 (Alaska 1978) (strong argument could be made that delay caused by nonappearance resulting from failure of defendant and his attorney to establish a thorough method of communication to assure defendant’s presence when needed would be excluded under Rule 45); Cooksey v. State, 524 P.2d 1251, 1259-60 (Alaska 1974) (wh

11
McCracken v. Stategreen
alaskactapp · 1984 · cited in 1 Alaska opinions naming this issue, 1985–1985
2 sentences

1985See, e.g., McCracken v. State, 685 P.2d 1275, 1281-83 (Alaska App. 1984), discussing Westen & Mandell, To Talk, to Balk or to Lie: The Emerging Fifth Amendment Doctrine of the "Preferred Response," 19 Amer.Crim.L.Rev. 521 (1982).

1985See, e.g., McCracken v. State, 685 P.2d 1275, 1281-83 (Alaska App.1984), discussing Westen & Mandell, To Talk, to Balk or to Lie: The Emerging Fifth Amendment Doctrine of the “Preferred Response, ” 19 Amer.Crim.L.Rev. 521 (1982).

11
Coffey v. Stategreen
alaska · 1978 · cited in 1 Alaska opinions naming this issue, 1985–1985
2 sentences

1985See Coffey v. State, 585 P.2d 514, 520-21 (Alaska 1978) (rule that affirmative steps to protect the right to speedy trial are not required is inapplicable to post-waiver situations, where affirmative steps may reasonably be required); Henson v. State, 576 P.2d 1352 , 1355 n. 7 and 8 (Alaska 1978) (strong argument could be made that delay caused by nonappearance resulting from failure of defendant and his attorney to establish a thorough method of communication to assure defendant's presence when needed would be excluded under Rule 45); Cooksey v. State, 524 P.2d 1251, 1259-60 (Alaska 1974) (wh

1985See Coffey v. State, 585 P.2d 514, 520-21 (Alaska 1978) (rule that affirmative steps to protect the right to speedy trial are not required is inapplicable to post-waiver situations, where affirmative steps may reasonably be required); Henson v. State, 576 P.2d 1352 , 1355 n. 7 and 8 (Alaska 1978) (strong argument could be made that delay caused by nonappearance resulting from failure of defendant and his attorney to establish a thorough method of communication to assure defendant’s presence when needed would be excluded under Rule 45); Cooksey v. State, 524 P.2d 1251, 1259-60 (Alaska 1974) (wh

11
Hodge v. Stategreen
ind · 1976 · cited in 1 Alaska opinions naming this issue, 1985–1985
2 sentences

1985See, e.g., Hodge v. State, 264 Ind. 377 , 344 N.E.2d 293, 294 (1976) (failure to object or call attention to the fact that trial was scheduled beyond the statutory limit waives right to discharge; no inquiry conducted behind the "waiver" to determine if it was an informed consent). [12] The supreme court should therefore consider adopting a forfeiture standard to govern determination of DeMille waivers.

1985See, e.g., Hodge v. State, 264 Ind. 377 , 344 N.E.2d 293, 294 (1976) (failure to object or call attention to the fact that trial was scheduled beyond the statutory limit waives right to discharge; no inquiry conducted behind the "waiver" to determine if it was an informed consent). [12] The supreme court should therefore consider adopting a forfeiture standard to govern determination of DeMille waivers.

11
McEvoy v. Hymangreen
circtdco · 1885 · cited in 1 Alaska opinions naming this issue, 1983–1983
1 sentence

1983Eg., Loeser v. Gardiner, 1 Alaska 641, 646 (D.Alas.1902); Perigo v. Erwin, 85 F. 904, 906-07 (D.Utah 1898), aff’d, 93 F. 608 (8th Cir.1899); Book v. Justice Mining Co., 58 F. 106, 114 (D.Nev.1893); McEvoy v. Hyman, 25 F. 596, 598 (D.Colo.1885).

11
Perigo v. Erwingreen
circtdut · 1898 · cited in 1 Alaska opinions naming this issue, 1983–1983
1 sentence

1983Eg., Loeser v. Gardiner, 1 Alaska 641, 646 (D.Alas.1902); Perigo v. Erwin, 85 F. 904, 906-07 (D.Utah 1898), aff’d, 93 F. 608 (8th Cir.1899); Book v. Justice Mining Co., 58 F. 106, 114 (D.Nev.1893); McEvoy v. Hyman, 25 F. 596, 598 (D.Colo.1885).

11
Loeser v. Gardinergreen
akd · 1902 · cited in 1 Alaska opinions naming this issue, 1983–1983
1 sentence

1983Eg., Loeser v. Gardiner, 1 Alaska 641, 646 (D.Alas.1902); Perigo v. Erwin, 85 F. 904, 906-07 (D.Utah 1898), aff’d, 93 F. 608 (8th Cir.1899); Book v. Justice Mining Co., 58 F. 106, 114 (D.Nev.1893); McEvoy v. Hyman, 25 F. 596, 598 (D.Colo.1885).

11
Book v. Justice Min. Co.green
· 1893 · cited in 1 Alaska opinions naming this issue, 1983–1983
1 sentence

1983Eg., Loeser v. Gardiner, 1 Alaska 641, 646 (D.Alas.1902); Perigo v. Erwin, 85 F. 904, 906-07 (D.Utah 1898), aff’d, 93 F. 608 (8th Cir.1899); Book v. Justice Mining Co., 58 F. 106, 114 (D.Nev.1893); McEvoy v. Hyman, 25 F. 596, 598 (D.Colo.1885).

11
Commercial Credit Corporation v. Swiderskigreen
delsuperct · 1963 · cited in 1 Alaska opinions naming this issue, 1981–1981
2 sentences

1981Corp. v. Tomlin, 198 A.2d 179 , 181 (Del.Super.1964); Commercial Credit Corp. v. Swiderski, 195 A.2d 546, 548 (Del.Super.1963). .

1981Corp. v. Tomlin, 198 A.2d 179, 181 (Del.Super. 1964); Commercial Credit Corp. v. Swiderski, 195 A.2d 546, 548 (Del.Super. 1963). [7] However, this contention has little basis in the actual wording of section 9-504(3).

11
Chittenden Trust Co. v. Maryanskigreen
vt · 1980 · cited in 1 Alaska opinions naming this issue, 1981–1981
2 sentences

1981E. g., Chittenden, 415 A.2d at 210; Maryland Nat’l, 414 A.2d at 1265 .

1981E.g., Chittenden, 415 A.2d at 210 ; Maryland Nat'l, 414 A.2d at 1265 .

11
United Securities Corporation v. Tomlingreen
delsuperct · 1964 · cited in 1 Alaska opinions naming this issue, 1981–1981
2 sentences

1981Corp. v. Tomlin, 198 A.2d 179 , 181 (Del.Super.1964); Commercial Credit Corp. v. Swiderski, 195 A.2d 546, 548 (Del.Super.1963). .

1981Corp. v. Tomlin, 198 A.2d 179, 181 (Del.Super. 1964); Commercial Credit Corp. v. Swiderski, 195 A.2d 546, 548 (Del.Super. 1963). [7] However, this contention has little basis in the actual wording of section 9-504(3).

11
Jameson v. Wurtzgreen
alaska · 1964 · cited in 1 Alaska opinions naming this issue, 1979–1979
11
Lamb v. Davenportgreen
· 1873 · cited in 1 Alaska opinions naming this issue, 1976–1976
11
Adams v. Churchgreen
scotus · 1904 · cited in 1 Alaska opinions naming this issue, 1976–1976
11
Sylvester v. Washingtongreen
scotus · 1909 · cited in 1 Alaska opinions naming this issue, 1976–1976
11
Phillips v. Cartergreen
cal · 1902 · cited in 1 Alaska opinions naming this issue, 1976–1976
11
McKennon v. Winngreen
okla · 1893 · cited in 1 Alaska opinions naming this issue, 1976–1976
11

Distinguished, questioned or overruled (6)

CaseNegativeCited
James v. Stategreen
alaska · 1977 · cited in 2 Alaska opinions naming this issue, 1985–1986
2 sentences

1985But see Henson v. State, 576 P.2d 1352 , 1356 n. 9 (Alaska 1978) (where continuance requested by defense counsel during hearing and defendant is present, his consent will be presumed in the absence of an objection). [7] In its application of Rule 45 to trial dates agreed upon at trial-setting conferences, the supreme court has implicitly rejected both a forfeiture rule, see Ahmaogak v. State, 595 P.2d 985 , 987 n. 3 (Alaska 1979), but see O'Dell, 573 P.2d at 1384 , and James v. State, 567 P.2d at 300 , as well as a waiver rule, see Snyder v. State, 524 P.2d at 664.

1985In its application of Rule 45 to trial dates agreed upon at trial-setting conferences, the supreme court has implicitly rejected both a forfeiture rule, see Ahmaogak v. State, 595 P.2d 985 , 987 n. 3 (Alaska 1979), but see O’Dell, 573 P.2d at 1384 , and James v. State, 567 P.2d at 300 , as well as a waiver rule, see Snyder v. State, 524 P.2d at 664.

12
Ahmaogak v. Stategreen
alaska · 1979 · cited in 1 Alaska opinions naming this issue, 1985–1985
2 sentences

1985But see Henson v. State, 576 P.2d 1352 , 1356 n. 9 (Alaska 1978) (where continuance requested by defense counsel during hearing and defendant is present, his consent will be presumed in the absence of an objection). [7] In its application of Rule 45 to trial dates agreed upon at trial-setting conferences, the supreme court has implicitly rejected both a forfeiture rule, see Ahmaogak v. State, 595 P.2d 985 , 987 n. 3 (Alaska 1979), but see O'Dell, 573 P.2d at 1384 , and James v. State, 567 P.2d at 300 , as well as a waiver rule, see Snyder v. State, 524 P.2d at 664.

1985In its application of Rule 45 to trial dates agreed upon at trial-setting conferences, the supreme court has implicitly rejected both a forfeiture rule, see Ahmaogak v. State, 595 P.2d 985 , 987 n. 3 (Alaska 1979), but see O’Dell, 573 P.2d at 1384 , and James v. State, 567 P.2d at 300 , as well as a waiver rule, see Snyder v. State, 524 P.2d at 664.

11
O'DELL v. Municipality of Anchoragegreen
alaska · 1978 · cited in 1 Alaska opinions naming this issue, 1985–1985
2 sentences

1985Perhaps then recognition that treating failure to object to a continuance as a "waiver" would not result in "indefinite" delay or violate the Peterkin rule motivated the supreme court to initially adopt a forfeiture standard in O'Dell, 573 P.2d at 1384-85 .

1985But see Henson v. State, 576 P.2d 1352 , 1356 n. 9 (Alaska 1978) (where continuance requested by defense counsel during hearing and defendant is present, his consent will be presumed in the absence of an objection). [7] In its application of Rule 45 to trial dates agreed upon at trial-setting conferences, the supreme court has implicitly rejected both a forfeiture rule, see Ahmaogak v. State, 595 P.2d 985 , 987 n. 3 (Alaska 1979), but see O'Dell, 573 P.2d at 1384 , and James v. State, 567 P.2d at 300 , as well as a waiver rule, see Snyder v. State, 524 P.2d at 664.

11
State v. Williamsgreen
alaska · 1984 · cited in 1 Alaska opinions naming this issue, 1985–1985
1 sentence

1985But see State v. Williams, 681 P.2d 313 (Alaska 1984) (dismissal with prejudice sanction for noncompliance with Rule 45 appropriate exercise of judicial rule-making power in light of policies which underlie right to a speedy trial). [12] A forfeiture standard is also consistent with the general approach taken by the supreme court in deciding Rule 45 questions.

11
Thomas v. Stategreen
alaska · 1974 · cited in 1 Alaska opinions naming this issue, 1985–1985
2 sentences

1985But see Henson v. State, 576 P.2d 1352 , 1356 n. 9 (Alaska 1978) (where continuance requested by defense counsel during hearing and defendant is present, his consent will be presumed in the absence of an objection). [7] In its application of Rule 45 to trial dates agreed upon at trial-setting conferences, the supreme court has implicitly rejected both a forfeiture rule, see Ahmaogak v. State, 595 P.2d 985 , 987 n. 3 (Alaska 1979), but see O'Dell, 573 P.2d at 1384 , and James v. State, 567 P.2d at 300 , as well as a waiver rule, see Snyder v. State, 524 P.2d at 664.

1985In its application of Rule 45 to trial dates agreed upon at trial-setting conferences, the supreme court has implicitly rejected both a forfeiture rule, see Ahmaogak v. State, 595 P.2d 985 , 987 n. 3 (Alaska 1979), but see O’Dell, 573 P.2d at 1384 , and James v. State, 567 P.2d at 300 , as well as a waiver rule, see Snyder v. State, 524 P.2d at 664.

11
Henson v. Stategreen
alaska · 1978 · cited in 1 Alaska opinions naming this issue, 1985–1985
2 sentences

1985But see Henson v. State, 576 P.2d 1352 , 1356 n. 9 (Alaska 1978) (where continuance requested by defense counsel during hearing and defendant is present, his consent will be presumed in the absence of an objection). [7] In its application of Rule 45 to trial dates agreed upon at trial-setting conferences, the supreme court has implicitly rejected both a forfeiture rule, see Ahmaogak v. State, 595 P.2d 985 , 987 n. 3 (Alaska 1979), but see O'Dell, 573 P.2d at 1384 , and James v. State, 567 P.2d at 300 , as well as a waiver rule, see Snyder v. State, 524 P.2d at 664.

1985See Coffey v. State, 585 P.2d 514, 520-21 (Alaska 1978) (rule that affirmative steps to protect the right to speedy trial are not required is inapplicable to post-waiver situations, where affirmative steps may reasonably be required); Henson v. State, 576 P.2d 1352 , 1355 n. 7 and 8 (Alaska 1978) (strong argument could be made that delay caused by nonappearance resulting from failure of defendant and his attorney to establish a thorough method of communication to assure defendant's presence when needed would be excluded under Rule 45); Cooksey v. State, 524 P.2d 1251, 1259-60 (Alaska 1974) (wh

11

Also cited on this issue (13)

CaseCitedYears
Taylor v. United States green
· 1845
2 sentences

2022Rather, the excessive fines clause applies only to the non-traditional in rem forfeiture provisions enacted by Congress beginning in the 1970s — forfeitures which, according to the Bajakajian court, constituted a novel expansion of the doctrine of forfeiture that “blurred the traditional distinction between civil in rem and criminal in personam forfeiture[s]”. 59 With respect to all the “traditional” in rem forfeitures that have existed in this country from colonial times up to the present (for example, the forfeitures of ships, aircraft, and other conveyances used for smuggling), the Bajakaji

2022Rather, the excessive fines clause applies only to the non-traditional in rem forfeiture provisions enacted by Congress beginning in the 1970s — forfeitures which, according to the Bajakajian court, constituted a novel expansion of the doctrine of forfeiture that “blurred the traditional distinction between civil in rem and criminal in personam forfeiture[s]”. 59 With respect to all the “traditional” in rem forfeitures that have existed in this country from colonial times up to the present (for example, the forfeitures of ships, aircraft, and other conveyances used for smuggling), the Bajakaji

12022–2022
United States v. Bajakajian green
scotus · 1998
2 sentences

2022Rather, the excessive fines clause applies only to the non-traditional in rem forfeiture provisions enacted by Congress beginning in the 1970s — forfeitures which, according to the Bajakajian court, constituted a novel expansion of the doctrine of forfeiture that “blurred the traditional distinction between civil in rem and criminal in personam forfeiture[s]”. 59 With respect to all the “traditional” in rem forfeitures that have existed in this country from colonial times up to the present (for example, the forfeitures of ships, aircraft, and other conveyances used for smuggling), the Bajakaji

2022Rather, the excessive fines clause applies only to the non-traditional in rem forfeiture provisions enacted by Congress beginning in the 1970s — forfeitures which, according to the Bajakajian court, constituted a novel expansion of the doctrine of forfeiture that “blurred the traditional distinction between civil in rem and criminal in personam forfeiture[s]”. 59 With respect to all the “traditional” in rem forfeitures that have existed in this country from colonial times up to the present (for example, the forfeitures of ships, aircraft, and other conveyances used for smuggling), the Bajakaji

12022–2022
cluster 476371 green
ca8 · 1986
1 sentence

2007Co. v. Goldstein Oil Co., 801 F.2d 343 , 344-45 (8th Cir.1986) (reversing a district court's judgment in favor of the defendant on real party in interest grounds because the defendant's objection was untimely and the effect on the real party in interest was a forfeiture of the claim). 10 . 795 P.2d 793, 802 (Alaska 1990). 11 .

12007–2007
State v. Holloway green
nc · 1984
2 sentences

1988See Annas v. State, 726 P.2d 552, 558 (Alaska App.1986) (Rule 12(e) *838 allows trial court to deny a continuance to hold an evidentiary hearing for an untimely pretrial motion when trial would be delayed); State v. Miller, 17 Or.App. 352 , 521 P.2d 1330 (1974), aff'd 269 Or. 328 , 524 P.2d 1399 (1974) (violation of local rule requiring affidavit accompanying suppression motion justifies denial of motion); State v. Holloway, 311 N.C. 573 , 319 S.E.2d 261 (1984) (defendant waives right to suppression for failure to include an affidavit specifying grounds for suppression).

1988See Annas v. State, 726 P.2d 552, 558 (Alaska App.1986) (Rule 12(e) *838 allows trial court to deny a continuance to hold an evidentiary hearing for an untimely pretrial motion when trial would be delayed); State v. Miller, 17 Or.App. 352 , 521 P.2d 1330 (1974), aff'd 269 Or. 328 , 524 P.2d 1399 (1974) (violation of local rule requiring affidavit accompanying suppression motion justifies denial of motion); State v. Holloway, 311 N.C. 573 , 319 S.E.2d 261 (1984) (defendant waives right to suppression for failure to include an affidavit specifying grounds for suppression).

11988–1988
State v. Miller green
· 1974
2 sentences

1988See Annas v. State, 726 P.2d 552, 558 (Alaska App.1986) (Rule 12(e) *838 allows trial court to deny a continuance to hold an evidentiary hearing for an untimely pretrial motion when trial would be delayed); State v. Miller, 17 Or.App. 352 , 521 P.2d 1330 (1974), aff'd 269 Or. 328 , 524 P.2d 1399 (1974) (violation of local rule requiring affidavit accompanying suppression motion justifies denial of motion); State v. Holloway, 311 N.C. 573 , 319 S.E.2d 261 (1984) (defendant waives right to suppression for failure to include an affidavit specifying grounds for suppression).

1988See Annas v. State, 726 P.2d 552, 558 (Alaska App.1986) (Rule 12(e) *838 allows trial court to deny a continuance to hold an evidentiary hearing for an untimely pretrial motion when trial would be delayed); State v. Miller, 17 Or.App. 352 , 521 P.2d 1330 (1974), aff'd 269 Or. 328 , 524 P.2d 1399 (1974) (violation of local rule requiring affidavit accompanying suppression motion justifies denial of motion); State v. Holloway, 311 N.C. 573 , 319 S.E.2d 261 (1984) (defendant waives right to suppression for failure to include an affidavit specifying grounds for suppression).

11988–1988
State v. Miller green
or · 1974
2 sentences

1988See Annas v. State, 726 P.2d 552, 558 (Alaska App.1986) (Rule 12(e) *838 allows trial court to deny a continuance to hold an evidentiary hearing for an untimely pretrial motion when trial would be delayed); State v. Miller, 17 Or.App. 352 , 521 P.2d 1330 (1974), aff'd 269 Or. 328 , 524 P.2d 1399 (1974) (violation of local rule requiring affidavit accompanying suppression motion justifies denial of motion); State v. Holloway, 311 N.C. 573 , 319 S.E.2d 261 (1984) (defendant waives right to suppression for failure to include an affidavit specifying grounds for suppression).

1988See Annas v. State, 726 P.2d 552, 558 (Alaska App.1986) (Rule 12(e) *838 allows trial court to deny a continuance to hold an evidentiary hearing for an untimely pretrial motion when trial would be delayed); State v. Miller, 17 Or.App. 352 , 521 P.2d 1330 (1974), aff'd 269 Or. 328 , 524 P.2d 1399 (1974) (violation of local rule requiring affidavit accompanying suppression motion justifies denial of motion); State v. Holloway, 311 N.C. 573 , 319 S.E.2d 261 (1984) (defendant waives right to suppression for failure to include an affidavit specifying grounds for suppression).

11988–1988
Main v. State green
alaskactapp · 1983
1 sentence

1986In Main v. State, 668 P.2d 868 (Alaska App.1983), we held, in effect, that Criminal Rule 25(d)(5) was a forfeiture rule rather than a waiver rule.

11986–1986
Barker v. Wingo green
scotus · 1972
2 sentences

1985Barker v. Wingo, 407 U.S. at 525-27 , 92 S.Ct. at 2189-90 .

1985Barker v. Wingo, 407 U.S. at 525-27 , 92 S.Ct. at 2189-90 .

11985–1985
Erwin v. Perego green
ca8 · 1899
1 sentence

1983Eg., Loeser v. Gardiner, 1 Alaska 641, 646 (D.Alas.1902); Perigo v. Erwin, 85 F. 904, 906-07 (D.Utah 1898), aff’d, 93 F. 608 (8th Cir.1899); Book v. Justice Mining Co., 58 F. 106, 114 (D.Nev.1893); McEvoy v. Hyman, 25 F. 596, 598 (D.Colo.1885).

11983–1983
Maryland National Bank v. Wathen green
md · 1980
2 sentences

1981E. g., Chittenden, 415 A.2d at 210; Maryland Nat’l, 414 A.2d at 1265 .

1981E.g., Chittenden, 415 A.2d at 210 ; Maryland Nat'l, 414 A.2d at 1265 .

11981–1981
Insurance Co. v. Norton green
· 1878
11980–1980
Moran v. Holman green
alaska · 1972
11980–1980
Alaska Placer Company v. Lee green
alaska · 1969
11980–1980

Where else courts name it

CA 1324 (1864–2026) IL 690 (1891–2026) WI 179 (1925–2026) TX 102 (1893–2026) OH 80 (1895–2026) PA 61 (1893–2025) WA 52 (1910–2022) NY 51 (1900–2026) LA 41 (1904–2017) MI 40 (1895–2026) MN 38 (1893–2026) NJ 37 (1910–2026) AZ 32 (1912–2023) WV 26 (1902–2023) FL 26 (1930–2025) TN 23 (1914–2025) GA 21 (1905–2014) MO 20 (1897–2022) MA 19 (1942–2023) OR 19 (1903–2020) IA 18 (1916–2026) KY 18 (1934–2023) MD 16 (1906–2022) SC 16 (1950–2022) MT 15 (1919–2023) ND 15 (1890–2022) NM 15 (1891–2024) IN 15 (1899–2026) UT 14 (1905–2020) VA 14 (1993–2020) CO 14 (1939–2025) MS 13 (1911–2022) OK 12 (1913–2024) AR 12 (1913–2024) AK 12 (1976–2022) ID 11 (1911–2016) AL 11 (1909–2023) DC 11 (1978–2021) KS 10 (1908–2026) WY 9 (1921–2018) NC 9 (1925–2026) NE 8 (1933–2024) VT 8 (1913–2022) CT 8 (1960–2022) SD 7 (1907–2005) NV 6 (1950–2022) DE 5 (1951–2024) ME 3 (2006–2016) PR 2 (1930–1968)

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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