defendant raises claim (District of Columbia) · Go Syfert
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defendant raises claim in District of Columbia

12 District of Columbia opinions name it 1 courts 1979–2023 1 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 (16)

CaseFollowedCited
Howard v. United Statesgreen
dc · 1995 · cited in 2 District of Columbia opinions naming this issue, 2008–2011
2 sentences

2011The trial court credited Ms. Player’s testimony and found that Mr. Robertson “had ten seconds to get away,” but remained there with lye in his hands and “threw it on [Ms. Watson].” Case law in this jurisdiction holds that “[w]hen a defendant raises a claim of self-defense, the trial court must decide, as a matter of law, whether there is record evidence sufficient to support the claim.” Howard v. United States, 656 A.2d 1106, 1111 (D.C.1995) (citation omitted).

2008The trial court credited Ms. Player’s testimony and found that Mr. Robertson “had ten seconds to get away,” but remained there with lye in his hands and “threw it on [Ms. Watson].” Case law in this jurisdiction holds that “[w]hen a defendant raises a claim of self-defense, the trial court must decide, as a matter of law, whether there is record evidence sufficient to support the claim.” Howard v. United States, 656 A.2d 1106, 1111 (D.C.1995).

22
Jones v. United Statesgreen
dc · 2007 · cited in 1 District of Columbia opinions naming this issue, 2023–2023
1 sentence

2023When a defendant raises a claim of ineffective assistance of counsel, “there is a presumption that the trial court should conduct a hearing.” Steward v. United States, 927 A.2d 1081, 1087 (D.C. 2007) (quoting Jones v. United States, 918 A.2d 389, 402-03 (D.C. 2007)).

11
KEVIN M. BELLINGER v. UNITED STATES.green
dc · 2015 · cited in 1 District of Columbia opinions naming this issue, 2023–2023
1 sentence

2023But we have explained that a hearing is not necessary where “the claims (1) are palpably incredible; (2) are vague and conclusory; or (3) even if true, do not entitle the movant to relief.” Bellinger v. United States, 127 A.3d 505, 515 (D.C. 2015) (quoting Newman v. United States, 705 A.2d 246, 261 (D.C. 1997)).

11
Newman v. United Statesgreen
dc · 1997 · cited in 1 District of Columbia opinions naming this issue, 2023–2023
1 sentence

2023But we have explained that a hearing is not necessary where “the claims (1) are palpably incredible; (2) are vague and conclusory; or (3) even if true, do not entitle the movant to relief.” Bellinger v. United States, 127 A.3d 505, 515 (D.C. 2015) (quoting Newman v. United States, 705 A.2d 246, 261 (D.C. 1997)).

11
Steward v. United Statesgreen
dc · 2007 · cited in 1 District of Columbia opinions naming this issue, 2023–2023
1 sentence

2023When a defendant raises a claim of ineffective assistance of counsel, “there is a presumption that the trial court should conduct a hearing.” Steward v. United States, 927 A.2d 1081, 1087 (D.C. 2007) (quoting Jones v. United States, 918 A.2d 389, 402-03 (D.C. 2007)).

11
Powell v. United Statesgreen
dc · 2006 · cited in 1 District of Columbia opinions naming this issue, 2007–2007
1 sentence

2007In a parental discipline context, “[s]light evidence is not sufficient evidence; a mere modicum cannot rationally support a conviction beyond a reasonable doubt.” Powell v. United States, 916 A.2d 890, 894 (D.C.2006) (citation and internal quotation marks omitted).

11
Strickland v. Washingtongreen
scotus · 1984 · cited in 1 District of Columbia opinions naming this issue, 2005–2005
2 sentences

2005See Strickland v. Washington, 466 U.S. 668, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984); Watson v. United States, 536 A.2d 1056, 1065 (D.C.1987) (en banc), cert. denied, 486 U.S. 1010 , 108 S.Ct. 1740 , 100 L.Ed.2d 203 (1988).

2005See Strickland v. Washington, 466 U.S. 668, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984); Watson v. United States, 536 A.2d 1056, 1065 (D.C.1987) (en banc), cert. denied, 486 U.S. 1010 , 108 S.Ct. 1740 , 100 L.Ed.2d 203 (1988).

11
Watson v. United Statesgreen
dc · 1987 · cited in 1 District of Columbia opinions naming this issue, 2005–2005
1 sentence

2005See Strickland v. Washington, 466 U.S. 668, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984); Watson v. United States, 536 A.2d 1056, 1065 (D.C.1987) (en banc), cert. denied, 486 U.S. 1010 , 108 S.Ct. 1740 , 100 L.Ed.2d 203 (1988).

11
Monroe v. United Statesgreen
scotus · 1978 · cited in 1 District of Columbia opinions naming this issue, 2000–2000
2 sentences

2000See Monroe v. United States, 389 A.2d 811 (D.C.), cert. denied, 439 U.S. 1006 , 99 S.Ct. 621 , 58 L.Ed.2d 683 (1978); Farrell v. United States, 391 A.2d 755 (D.C.1978).

2000See Monroe v. United States, 389 A.2d 811 (D.C.), cert. denied, 439 U.S. 1006 , 99 S.Ct. 621 , 58 L.Ed.2d 683 (1978); Farrell v. United States, 391 A.2d 755 (D.C.1978).

11
Monroe v. United Statesgreen
dc · 1978 · cited in 1 District of Columbia opinions naming this issue, 2000–2000
1 sentence

2000See Monroe v. United States, 389 A.2d 811 (D.C.), cert. denied, 439 U.S. 1006 , 99 S.Ct. 621 , 58 L.Ed.2d 683 (1978); Farrell v. United States, 391 A.2d 755 (D.C.1978).

11
Brown v. United Statesgreen
dc · 1992 · cited in 1 District of Columbia opinions naming this issue, 1995–1995
2 sentences

1995See Brown v. United States, 619 A.2d 1180, 1182 (D.C.1992) (citing Bowler v. United States, 480 A.2d 678 , 682 n. 8 (D.C. 1984)).

1995See Brown v. United States, 619 A.2d 1180, 1182 (D.C.1992) (citing Bowler v. United States, 480 A.2d 678 , 682 n. 8 (D.C.1984)).

11
Bowler v. United Statesgreen
dc · 1984 · cited in 1 District of Columbia opinions naming this issue, 1995–1995
2 sentences

1995See Brown v. United States, 619 A.2d 1180, 1182 (D.C.1992) (citing Bowler v. United States, 480 A.2d 678 , 682 n. 8 (D.C. 1984)).

1995See Brown v. United States, 619 A.2d 1180, 1182 (D.C.1992) (citing Bowler v. United States, 480 A.2d 678 , 682 n. 8 (D.C.1984)).

11
McBride v. United Statesgreen
dc · 1982 · cited in 1 District of Columbia opinions naming this issue, 1992–1992
2 sentences

1992See, e.g., McBride, supra, 441 A.2d at 652 (“If a defendant raises a claim of self-defense ... both communicated and uncommunicated threats bear on the question whether the complaining witness or the defendant was the aggressor”).

1992See, e.g., McBride, supra, 441 A.2d at 652 (“If a defendant raises a claim of self-defense ... both communicated and uncommunicated threats bear on the question whether the complaining witness or the defendant was the aggressor”).

11
Speed v. United Statesgreen
dc · 1989 · cited in 1 District of Columbia opinions naming this issue, 1990–1990
2 sentences

1990The court then should instruct on the general right of self-defense, explicitly informing the jury that the government bore the burden of proving beyond a reasonable doubt that appellant was not acting in self-defense. 562 A.2d at 129-30 (footnote omitted).

1990In Speed v. United States, 562 A.2d 124 (D.C.1989), we said: [T]he trial court should instruct the jury that in order to prove simple assault when the victim is a police officer and the defendant raises the defense of self-defense, the government must prove beyond a reasonable doubt: (a) That at the time of the alleged assault the complainant was a member of a police force operating in the District of Columbia, the defendant did know or had reason to know that the complainant was a member of such force, and the officer was engaged in official police duties; and (b) That the defendant assaulted

11
Rink v. United Statesgreen
dc · 1978 · cited in 1 District of Columbia opinions naming this issue, 1983–1983
1 sentence

1983See, e.g., Rink v. United States, 388 A.2d 52, 56 (D.C.1978).

11
United States v. Akersgreen
dc · 1977 · cited in 1 District of Columbia opinions naming this issue, 1979–1979
2 sentences

1979Specifically, the court stated that the evidence would “go[ ] beyond those [prior violent] acts” which a jury should consider 26 and that, in effect, the testimony put the decedent on trial as “a batterer, [a]nd that is not being tried in this case.” We have stated, apropos of this first ground, that prior acts of violence are admissible in “homicide cases where the defendant raises the claim of self-defense against the decedent as the alleged first aggressor.” United States v. Akers, D.C.App., 374 A.2d 874, 877 (1977) (emphasis omitted).

1979App., 374 A.2d 874, 877 (1977) (emphasis omitted).

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 (4)

CaseCitedYears
Clark v. United States green
dc · 2011
2 sentences

2013In finding no double jeopardy violation, Clark held that when a defendant raises such a claim involving prosecution for a CPO violation, “the Blockburger analysis is provision-specific, focusing on the particular CPO condition that is alleged to have been violated.” Clark, 28 A.3d at 518 .

2013We looked at the content of the CPO to determine which provision Clark had violated and then compared that provision with simple ássault, concluding that “the crime of simple assault required proof that the violated CPO provision — coming within one hundred feet of the petitioner — did not.” Id.

12013–2013
Newby v. United States green
dc · 2002
2 sentences

2007Once the defendant raises this defense, the government bears the burden of refuting it “by proving beyond a reasonable doubt that ‘the parent’s purpose in resorting to force against her child was not disciplinary, or that the force she used was unreasonable.’ ” Id. at 380-81 (quoting Newby, 797 A.2d at 1237 ).

2007Once the defendant raises this defense, the government bears the burden of refuting it “by proving beyond a reasonable doubt that ‘the parent’s purpose in resorting to force against her child was not disciplinary, or that the force she used was unreasonable.’ ” Id. at 380-81 (quoting Newby, 797 A.2d at 1237 ).

12007–2007
Watson v. United States green
scotus · 1988
2 sentences

2005See Strickland v. Washington, 466 U.S. 668, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984); Watson v. United States, 536 A.2d 1056, 1065 (D.C.1987) (en banc), cert. denied, 486 U.S. 1010 , 108 S.Ct. 1740 , 100 L.Ed.2d 203 (1988).

2005See Strickland v. Washington, 466 U.S. 668, 694 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984); Watson v. United States, 536 A.2d 1056, 1065 (D.C.1987) (en banc), cert. denied, 486 U.S. 1010 , 108 S.Ct. 1740 , 100 L.Ed.2d 203 (1988).

12005–2005
Farrell v. United States green
dc · 1978
1 sentence

2000See Monroe v. United States, 389 A.2d 811 (D.C.), cert. denied, 439 U.S. 1006 , 99 S.Ct. 621 , 58 L.Ed.2d 683 (1978); Farrell v. United States, 391 A.2d 755 (D.C.1978).

12000–2000

Statutes the citing opinions construe

DC § D.C. Code § 23-110 (4)

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

IL 101 (1976–2026) CT 79 (1966–2024) IN 43 (1976–2026) TX 39 (1982–2022) MA 33 (1985–2026) CA 24 (1961–2026) OH 22 (1990–2025) PA 19 (1973–2026) GA 19 (1921–2019) LA 17 (1962–2026) WA 17 (1987–2024) NY 16 (1931–2022) OR 14 (1998–2026) NJ 13 (1987–2026) DC 12 (1979–2023) MN 11 (1982–2014) CO 10 (2005–2025) MI 10 (2010–2026) IA 10 (1990–2025) MO 9 (1968–2022) NM 9 (1991–2020) MS 8 (1986–2026) NC 8 (1987–2020) UT 8 (2002–2025) FL 6 (1979–2025) NH 6 (2007–2020) NE 6 (1984–2023) TN 6 (2002–2026) KS 6 (2009–2026) WV 5 (2014–2023) WI 5 (1972–2025) AL 5 (1988–2002) VA 4 (1994–2025) AZ 4 (1977–2025) ME 3 (1999–2012) VT 3 (1983–2026) NV 2 (2000–2024) SC 2 (2012–2017) OK 2 (1960–2006) HI 2 (1989–2013) KY 2 (2018–2025)

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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