view waiver in Minnesota

12 Minnesota opinions name it 2 courts 1919–2008 0 in the last five years

The cases below were cited by Minnesota 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 (5)

Case	Followed	Cited
State v. Altgreen minnctapp · 1993 · cited in 1 Minnesota opinions naming this issue, 2008–2008 1 sentence 2008See State v. Traylor, 656 N.W.2d 885, 900 (Minn.2003) (holding that DNA PCR-STR test results were admissible despite the defense’s lack of access to test-kit primer sequences or validation studies that the state’s experts also lacked access to); cf. State v. Alt, 504 N.W.2d 38, 48-49 (Minn.App.) (holding that denial of access to the FBI lab’s DNA data bases did not make its test results inadmissible), review granted and remanded on other grounds, 505 N.W.2d 72 (Minn.1993).	1	1
State v. Traylorgreen minn · 2003 · cited in 1 Minnesota opinions naming this issue, 2008–2008 1 sentence 2008See State v. Traylor, 656 N.W.2d 885, 900 (Minn.2003) (holding that DNA PCR-STR test results were admissible despite the defense’s lack of access to test-kit primer sequences or validation studies that the state’s experts also lacked access to); cf. State v. Alt, 504 N.W.2d 38, 48-49 (Minn.App.) (holding that denial of access to the FBI lab’s DNA data bases did not make its test results inadmissible), review granted and remanded on other grounds, 505 N.W.2d 72 (Minn.1993).	1	1
Erie Telecommunications, Inc. v. City of Erie, Pennsylvaniagreen ca3 · 1988 · cited in 1 Minnesota opinions naming this issue, 1989–1989 2 sentences 1989Singularly, the waiver contention here rests on the proposition that the first amendment may be waived when it is clear one has done so knowingly and voluntarily, a matter of law attributed to Erie Telecommunications, Inc. v. City of Erie, 853 F.2d 1084, 1096 (3rd Cir.1988). 1989Singularly, the waiver contention here rests .on the proposition that the first amendment may be waived when it is clear one has done so knowingly and voluntarily, a matter of law attributed to Erie Telecommunications, Inc. v. City of Erie, 853 F.2d 1084, 1096 (3rd Cir.1988).	1	1
State v. Tupagreen minn · 1935 · cited in 1 Minnesota opinions naming this issue, 1988–1988 2 sentences 1988As the majority indicates, the court’s view on waiver of the statute is in conflict with the rationale and holding in State v. Johnson, 422 N.W.2d 14 (Minn.Ct.App.1988); see also State v. Tupa, 194 Minn. 488 , 260 N.W. 875 (1935) (by discussing whether defendant waived statute of limitations, the court implied it was a waivable defense). 5 Therefore, we are called upon to independently determine whether a manslaughter instruction was mandated. 1988As the majority indicates, the court’s view on waiver of the statute is in conflict with the rationale and holding in State v. Johnson, 422 N.W.2d 14 (Minn.Ct.App.1988); see also State v. Tupa, 194 Minn. 488 , 260 N.W. 875 (1935) (by discussing whether defendant waived statute of limitations, the court implied it was a waivable defense). 5 Therefore, we are called upon to independently determine whether a manslaughter instruction was mandated.	1	1
State v. Pleasgreen minn · 1983 · cited in 1 Minnesota opinions naming this issue, 1985–1985 1 sentence 1985Scott , which we have relied on in numerous eases, stands for the proposition that “a search must be upheld, at least as a matter of federal constitutional law, if there was a valid ground for the search, even if the officers conducting the search based the search on the wrong ground or had an improper motive.” State v. Pleas, 329 N.W.2d 329, 332 (Minn.1983).	1	1

Distinguished, questioned or overruled (0)

Case	Negative	Cited
No negative-treatment citations attached to this issue in Minnesota. Read the followed side critically anyway.

Also cited on this issue (16)

Case	Cited	Years
Hudson v. Hudson neutral neb · 1949 2 sentences 1956And in Hudson v. Hudson, 151 Neb. 210, 215 , 36 N.W. (2d) 851, 855 , the Nebraska Supreme Court said: "When, as here, the husband admits he had intercourse with the wife before their marriage and within the probable period of gestation of the child which is conceived before but born after the marriage and he is informed of the pregnancy prior thereto he cannot deny its paternity but must submit to the marriage and the presumed paternity of the child." Although a few jurisdictions have apparently taken the view that the presumption is weakened through proof of premarital conception, [8] we agre 1956And in Hudson v. Hudson, 151 Neb. 210, 215 , 36 N.W. (2d) 851, 855 , the Nebraska Supreme Court said: "When, as here, the husband admits he had intercourse with the wife before their marriage and within the probable period of gestation of the child which is conceived before but born after the marriage and he is informed of the pregnancy prior thereto he cannot deny its paternity but must submit to the marriage and the presumed paternity of the child." Although a few jurisdictions have apparently taken the view that the presumption is weakened through proof of premarital conception, [8] we agre	2	1956–1956
State v. Alt green minn · 1993 1 sentence 2008See State v. Traylor, 656 N.W.2d 885, 900 (Minn.2003) (holding that DNA PCR-STR test results were admissible despite the defense’s lack of access to test-kit primer sequences or validation studies that the state’s experts also lacked access to); cf. State v. Alt, 504 N.W.2d 38, 48-49 (Minn.App.) (holding that denial of access to the FBI lab’s DNA data bases did not make its test results inadmissible), review granted and remanded on other grounds, 505 N.W.2d 72 (Minn.1993).	1	2008–2008
State v. Johnson green minnctapp · 1988 2 sentences 1988As the majority indicates, the court’s view on waiver of the statute is in conflict with the rationale and holding in State v. Johnson, 422 N.W.2d 14 (Minn.Ct.App.1988); see also State v. Tupa, 194 Minn. 488 , 260 N.W. 875 (1935) (by discussing whether defendant waived statute of limitations, the court implied it was a waivable defense). 5 Therefore, we are called upon to independently determine whether a manslaughter instruction was mandated. 1988As the majority indicates, the court's view on waiver of the statute is in conflict with the rationale and holding in State v. Johnson, 422 N.W.2d 14 (Minn.Ct.App.1988); see also State v. Tupa, 194 Minn. 488 , 260 N.W. 875 (1935) (by discussing whether defendant waived statute of limitations, the court implied it was a waivable defense). [5] Therefore, we are called upon to independently determine whether a manslaughter instruction was mandated.	1	1988–1988
Scott v. United States green scotus · 1978 2 sentences 1985The case of Scott v. United States, 436 U.S. 128 , 98 S.Ct. 1717 , 56 L.Ed.2d 168 (1978)—decided after Opperman but before Lafayette — strongly supports the view that such an inquiry is not proper. 1985The case of Scott v. United States, 436 U.S. 128 , 98 S.Ct. 1717 , 56 L.Ed.2d 168 (1978)—decided after Opperman but before Lafayette — strongly supports the view that such an inquiry is not proper.	1	1985–1985
Brewer v. Williams green scotus · 1977 2 sentences 1980Brewer v. Williams, 430 U.S. 387 , 97 S.Ct. 1232 , 51 L.Ed.2d 424 (1977), is the case which best illustrates the Supreme Court’s view of waiver in the sixth amendment context. 1980Brewer v. Williams, 430 U.S. 387 , 97 S.Ct. 1232 , 51 L.Ed.2d 424 (1977), is the case which best illustrates the Supreme Court’s view of waiver in the sixth amendment context.	1	1980–1980
Weinbaum v. United States green ca9 · 1950 1 sentence 1964Cf. Weinbaum v. United States, 9 Cir., 184 F. 2d 330 ; dec’d Sept. 19, 1950; People v. Kynette, 15 Cal. 2d 731 , 104 P. 2d 794 , certiorari denied 312 U. S. 703 , 61 S. Ct. 806 , 85 L.	1	1964–1964
Scott v. Cohen green scotus · 1941 1 sentence 1964Cf. Weinbaum v. United States, 9 Cir., 184 F. 2d 330 ; dec’d Sept. 19, 1950; People v. Kynette, 15 Cal. 2d 731 , 104 P. 2d 794 , certiorari denied 312 U. S. 703 , 61 S. Ct. 806 , 85 L.	1	1964–1964
Morgan v. Tennessee Valley Authority green scotus · 1941 1 sentence 1964Cf. Weinbaum v. United States, 9 Cir., 184 F. 2d 330 ; dec’d Sept. 19, 1950; People v. Kynette, 15 Cal. 2d 731 , 104 P. 2d 794 , certiorari denied 312 U. S. 703 , 61 S. Ct. 806 , 85 L.	1	1964–1964
Southwestern Hotel Co. v. United States green scotus · 1941 1 sentence 1964Cf. Weinbaum v. United States, 9 Cir., 184 F. 2d 330 ; dec’d Sept. 19, 1950; People v. Kynette, 15 Cal. 2d 731 , 104 P. 2d 794 , certiorari denied 312 U. S. 703 , 61 S. Ct. 806 , 85 L.	1	1964–1964
People v. Kynette green cal · 1940 2 sentences 1964Cf. Weinbaum v. United States, 9 Cir., 184 F. 2d 330 ; dec’d Sept. 19, 1950; People v. Kynette, 15 Cal. 2d 731 , 104 P. 2d 794 , certiorari denied 312 U. S. 703 , 61 S. Ct. 806 , 85 L. 1964Cf. Weinbaum v. United States, 9 Cir., 184 F. 2d 330 ; dec’d Sept. 19, 1950; People v. Kynette, 15 Cal. 2d 731 , 104 P. 2d 794 , certiorari denied 312 U. S. 703 , 61 S. Ct. 806 , 85 L.	1	1964–1964
Burnet v. Houston green scotus · 1931 2 sentences 1949In the Hussey case the court expressed the view that the rule is (237 395 N. Y. 236, 142 N. E. 596 ) “settled.” The rule was applied in Burnet v. Houston, 283 U. S. 223 , 51 S. Ct. 413 , 75 L. ed. 991; Burnet v. Henry, 283 U. S. 229 , 51 S. Ct. 416 , 75 L. ed. 995; Burnet v. Porter, 283 U. S. 230 , 51 S. Ct. 416 , 75 L. ed. 996. 1949In the Hussey case the court expressed the view that the rule is (237 395 N. Y. 236, 142 N. E. 596 ) “settled.” The rule was applied in Burnet v. Houston, 283 U. S. 223 , 51 S. Ct. 413 , 75 L. ed. 991; Burnet v. Henry, 283 U. S. 229 , 51 S. Ct. 416 , 75 L. ed. 995; Burnet v. Porter, 283 U. S. 230 , 51 S. Ct. 416 , 75 L. ed. 996.	1	1949–1949
Burnet v. Henry green scotus · 1931 2 sentences 1949In the Hussey case the court expressed the view that the rule is (237 395 N. Y. 236, 142 N. E. 596 ) “settled.” The rule was applied in Burnet v. Houston, 283 U. S. 223 , 51 S. Ct. 413 , 75 L. ed. 991; Burnet v. Henry, 283 U. S. 229 , 51 S. Ct. 416 , 75 L. ed. 995; Burnet v. Porter, 283 U. S. 230 , 51 S. Ct. 416 , 75 L. ed. 996. 1949In the Hussey case the court expressed the view that the rule is (237 395 N. Y. 236, 142 N. E. 596 ) “settled.” The rule was applied in Burnet v. Houston, 283 U. S. 223 , 51 S. Ct. 413 , 75 L. ed. 991; Burnet v. Henry, 283 U. S. 229 , 51 S. Ct. 416 , 75 L. ed. 995; Burnet v. Porter, 283 U. S. 230 , 51 S. Ct. 416 , 75 L. ed. 996.	1	1949–1949
Burnet v. Porter green scotus · 1931 1 sentence 1949In the Hussey case the court expressed the view that the rule is (237 *395 N. Y. 236, 142 N. E. 596 ) “settled.” The rule was applied in Burnet v. Houston, 283 U. S. 223 , 51 S. Ct. 413 , 75 L. ed. 991; Burnet v. Henry, 283 U. S. 229 , 51 S. Ct. 416 , 75 L. ed. 995; Burnet v. Porter, 283 U. S. 230 , 51 S. Ct. 416 , 75 L. ed. 996.	1	1949–1949
Schmitt v. Hager neutral minn · 1903 2 sentences 1941Schmitt v. Hager, 88 Minn. 413, 416 , 93 N. W. 110 . 1941Schmitt v. Hager, 88 Minn. 413, 416 , 93 N. W. 110 .	1	1941–1941
State v. Warner neutral minn · 1925 2 sentences 1939State v. Warner, 165 Minn. 79 , 205 N. W. 692 . 1939State v. Warner, 165 Minn. 79 , 205 N. W. 692 .	1	1939–1939
Geo. C. Bagley Elevator Co. v. American Express Co. neutral minn · 1895 2 sentences 1919Co. 63 Minn. 142 , 65 N. W. 264 , insofar as it stated a different rule, and we expressed the view that the rule adopted was the practical working rule. 1919Co. 63 Minn. 142 , 65 N. W. 264 , insofar as it stated a different rule, and we expressed the view that the rule adopted was the practical working rule.	1	1919–1919

Where else courts name it

CA 105 (1894–2025) NY 73 (1886–2014) NJ 54 (1918–2026) PA 51 (1898–2024) TX 43 (1909–2023) IL 35 (1897–2026) FL 33 (1939–2018) MO 26 (1876–2001) OR 25 (1884–2025) WA 25 (1910–2018) MD 22 (1932–2020) IA 21 (1874–2024) SC 21 (1884–2013) MA 20 (1929–2025) OH 19 (1898–2021) NC 18 (1891–2024) AL 17 (1905–2012) MI 16 (1915–2024) OK 14 (1895–2021) WY 14 (1907–2022) CO 13 (1887–2016) IN 13 (1888–2013) KY 13 (1913–2025) LA 13 (1880–2017) MN 12 (1919–2008) UT 12 (1903–2025) AZ 12 (1952–2005) SD 11 (1914–2010) DC 11 (1991–2025) VA 10 (1906–2010) CT 10 (1989–2021) HI 10 (1901–2015) MS 10 (1893–2001) AK 9 (1969–2014) KS 9 (1907–2022) WI 9 (1930–2026) TN 9 (1917–2024) AR 8 (1915–2020) GA 7 (1854–1992) NM 6 (1939–2013) ID 6 (1911–2015) WV 5 (1912–1994) RI 5 (1961–1995) ME 4 (1905–2017) NV 4 (1967–1995) NE 4 (1896–1979) MT 4 (1905–2017) VT 3 (1896–1998) NH 3 (1965–2007) DE 3 (1924–1996) VI 2 (2017–2026) ND 2 (1966–1972)

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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