bench bar (Wyoming) · Go Syfert
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bench bar in Wyoming

12 Wyoming opinions name it 1 courts 1975–2021 1 in the last five years

The cases below were cited by Wyoming 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 (4)

CaseFollowedCited
People v. Zeitlergreen
michctapp · 1990 · cited in 1 Wyoming opinions naming this issue, 1992–1992
2 sentences

1992See People v. Zeitler, 183 Mich.App. 68 , 454 N.W.2d 192 (1990), where the conviction was of first degree premeditated murder and also first degree felony murder with one sentence imposed.

1992See People v. Zeitler, 183 Mich.App. 68 , 454 N.W.2d 192 (1990), where the conviction was of first degree premeditated murder and also first degree felony murder with one sentence imposed.

11
People v. Embreegreen
michctapp · 1976 · cited in 1 Wyoming opinions naming this issue, 1992–1992
2 sentences

1992The Michigan court in the second of two Embree cases, People v. Embree, 70 Mich.App. 382 , 246 N.W.2d 6, 8 (1976), affirmed on the instructional issue by a finding of overwhelming evidence of both premeditation and felony murder, and then added: We would be remiss if we did not bring to the attention of the bench and bar the fact that good practice would require a trial judge to instruct the jury that its decision must be unanimous as to whether the murder was premeditated or whether it occurred as an incident of defendant’s participation in one of the enumerated felonies.

1992The Michigan court in the second of two Embree cases, People v. Embree, 70 Mich.App. 382 , 246 N.W.2d 6, 8 (1976), affirmed on the instructional issue by a finding of overwhelming evidence of both premeditation and felony murder, and then added: We would be remiss if we did not bring to the attention of the bench and bar the fact that good practice would require a trial judge to instruct the jury that its decision must be unanimous as to whether the murder was premeditated or whether it occurred as an incident of defendant’s participation in one of the enumerated felonies.

11
Colorado Interstate Gas Co. v. Natural Gas Pipeline Co. of Americagreen
ca10 · 1989 · cited in 1 Wyoming opinions naming this issue, 1989–1989
2 sentences

1989See Colorado Interstate Gas Co. v. Natural Gas Pipeline Co. of America, 661 F. Supp. 1448 (D.Wyo. 1987), aff'd in part, rev'd in part 885 F.2d 683 (10th Cir.1989).

1989See Colorado Interstate Gas Co. v. Natural Gas Pipeline Co. of America, 661 F.Supp. 1448 (D.Wyo.1987), aff’d in part, rev’d in part 885 F.2d 683 (10th Cir.1989).

11
Colorado Interstate Gas Co. v. Natural Gas Pipeline Co. of Americagreen
wyd · 1987 · cited in 1 Wyoming opinions naming this issue, 1989–1989
2 sentences

1989See Colorado Interstate Gas Co. v. Natural Gas Pipeline Co. of America, 661 F. Supp. 1448 (D.Wyo. 1987), aff'd in part, rev'd in part 885 F.2d 683 (10th Cir.1989).

1989See Colorado Interstate Gas Co. v. Natural Gas Pipeline Co. of America, 661 F.Supp. 1448 (D.Wyo.1987), aff’d in part, rev’d in part 885 F.2d 683 (10th Cir.1989).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (13)

CaseCitedYears
Matter of Adoption of Voss green
wyo · 1976
2 sentences

1986Cf. Matter of Adoption of Voss, supra. Invalidity of the Trial Court's Findings The second singular issue in this case for the court to justify its decision is the attack on the finding of the trial court denying duress and undue persuasion. [2] *1381 Standard rules in support of the trial court and their special findings of fact are so well established as to afford little additional knowledge to the bench and bar by further recitation.

1986Cf. Matter of Adoption of Voss, supra. Invalidity of the Trial Court’s Findings The second singular issue in this case for the court to justify its decision is the attack on the finding of the trial court denying duress and undue persuasion. 2 Standard rules in support of the trial court and their special findings of fact are so well established as to afford little additional knowledge to the bench and bar by further recitation.

21986–1986
Sowerwine v. Nielson green
wyo · 1983
2 sentences

1986Sowerwine v. Nielson, Wyo., 671 P.2d 295 (1983); Whitefoot v. Hanover Ins.

1986Sowerwine v. Nielson, Wyo., 671 P.2d 295 (1983); Whitefoot v. Hanover Ins.

21986–1986
In Re Zmets green
wyo · 2012
2 sentences

2021I write separately to address what I believe based on rulings and briefing to be a misunderstanding on the part of the bench and bar as to the significance of In re ZMETS, 2012 WY 68 , 276 P.3d 392 (Wyo. 2012).

2021I write separately to address what I believe based on rulings and briefing to be a misunderstanding on the part of the bench and bar as to the significance of In re ZMETS, 2012 WY 68 , 276 P.3d 392 (Wyo. 2012).

12021–2021
Hossenlopp Ex Rel. Hossenlopp v. Cannon green
sc · 1985
1 sentence

2003In Hosseniopp By and Through Hossenlopp v. Cannon, 285 S.C. 367 , 829 S.E.2d 488, 441 (1985), the Supreme Court of South Carolina stated the following rationale for its holding: In 1978 in the case of McQuaig v. Brown, [ 270 S.C. 512 , 242 S.E.2d 688 (1978)], the court alerted the bench and bar to the fact that the dog-bite law in this state was antiquated.

12003–2003
McQuaig Ex Rel. McQuaig v. Brown green
sc · 1978
2 sentences

2003In Hosseniopp By and Through Hossenlopp v. Cannon, 285 S.C. 367 , 829 S.E.2d 488, 441 (1985), the Supreme Court of South Carolina stated the following rationale for its holding: In 1978 in the case of McQuaig v. Brown, [ 270 S.C. 512 , 242 S.E.2d 688 (1978)], the court alerted the bench and bar to the fact that the dog-bite law in this state was antiquated.

2003In Hosseniopp By and Through Hossenlopp v. Cannon, 285 S.C. 367 , 829 S.E.2d 488, 441 (1985), the Supreme Court of South Carolina stated the following rationale for its holding: In 1978 in the case of McQuaig v. Brown, [ 270 S.C. 512 , 242 S.E.2d 688 (1978)], the court alerted the bench and bar to the fact that the dog-bite law in this state was antiquated.

12003–2003
Engberg v. State green
wyo · 1984
2 sentences

1991I have searched, in vain, for something different in this case with respect to the validity of the capital sentence imposed in Engberg v. State, 686 P.2d 541 (Wyo.1984), cert. denied 469 U.S. 1077 , 105 S.Ct. 577 , 83 L.Ed.2d 516 (1984).

1991I have searched, in vain, for something different in this case with respect to the validity of the capital sentence imposed in Engberg v. State, 686 P.2d 541 (Wyo. 1984), cert. denied 469 U.S. 1077 , 105 S.Ct. 577 , 83 L.Ed.2d 516 (1984).

11991–1991
Marbury v. Madison green
scotus · 1803
2 sentences

1991Despite the sincere attempt of the American Bar Association over the years to establish as the slogan or motto of the legal community that we enjoy “[a] government of laws, and not of men * * (Marburg v. Madison, 1 Cranch 137, 163 , 5 U.S. 137 , 2 L.Ed. 60 (1803)), and without regard to the support of the bench and the bar for that concept, the precise converse must be accepted as true in Wyoming the instant this decision is filed.

1991Despite the sincere attempt of the American Bar Association over the years to establish as the slogan or motto of the legal community that we enjoy “[a] government of laws, and not of men * * (Marburg v. Madison, 1 Cranch 137, 163 , 5 U.S. 137 , 2 L.Ed. 60 (1803)), and without regard to the support of the bench and the bar for that concept, the precise converse must be accepted as true in Wyoming the instant this decision is filed.

11991–1991
Engberg v. Wyoming green
scotus · 1984
2 sentences

1991I have searched, in vain, for something different in this case with respect to the validity of the capital sentence imposed in Engberg v. State, 686 P.2d 541 (Wyo.1984), cert. denied 469 U.S. 1077 , 105 S.Ct. 577 , 83 L.Ed.2d 516 (1984).

1991I have searched, in vain, for something different in this case with respect to the validity of the capital sentence imposed in Engberg v. State, 686 P.2d 541 (Wyo.1984), cert. denied 469 U.S. 1077 , 105 S.Ct. 577 , 83 L.Ed.2d 516 (1984).

11991–1991
Singer v. United States green
scotus · 1965
2 sentences

1981NOTES [1] Article 3, Section 2, clause 3, United States Constitution: "The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed." Sixth Amendment, United States Constitution: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, whic

1981NOTES [1] Article 3, Section 2, clause 3, United States Constitution: "The Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have directed." Sixth Amendment, United States Constitution: "In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, whic

11981–1981
Crossan v. Irrigation Development Corp. green
wyo · 1979
1 sentence

1980ORDER DENYING MOTION TO DISMISS APPEAL The Court, after having considered the problem of improper and late filing of Docketing Statements, finds that there is here a violation of Rule 2.03, W.R.A.P., as amended, which amendment was effective July 1, 1980 after notice to all members of the bar and ignorance of the Wyoming Rules of Appellate Procedure is not an excuse, Crossan v. Irrigation Development Corporation, Wyo.1979, 598 P.2d 812 , and further finds that a reasonable period of transition should be allowed to accustom the bench and bar to the requirements of Rule 2.03, W.R.A.P.

11980–1980
Nebraska Press Assn. v. Stuart green
scotus · 1976
2 sentences

1979In Nebraska Press Association v. Stuart, 1976, 427 U.S. 539, 564 , 96 S.Ct. 2791, 2805 , 49 L.Ed.2d 683, 700 , it was pointed out that one of the safeguards against the effects of pretrial publicity is “the use of emphatic and clear instructions on the sworn duty of each juror to decide the issues only on evidence presented in open court.” The court’s instructions here repeatedly emphasized that the case was to be decided only on the basis of the evidence, uninfluenced by “passion or prejudice against any of the parties in this case, or by public opinion or public feeling” and to “weigh the ev

1979In Nebraska Press Association v. Stuart, 1976, 427 U.S. 539, 564 , 96 S.Ct. 2791, 2805 , 49 L.Ed.2d 683, 700 , it was pointed out that one of the safeguards against the effects of pretrial publicity is “the use of emphatic and clear instructions on the sworn duty of each juror to decide the issues only on evidence presented in open court.” The court’s instructions here repeatedly emphasized that the case was to be decided only on the basis of the evidence, uninfluenced by “passion or prejudice against any of the parties in this case, or by public opinion or public feeling” and to “weigh the ev

11979–1979
Itasca State Bank v. Superior Court neutral
arizctapp · 1968
2 sentences

1976Itasca State Bank v. Superior Court In and For Chochise County, 1968, 8 Ariz.App. 279 , 445 P.2d 555 .

1976Itasca State Bank v. Superior Court In and For Chochise County, 1968, 8 Ariz.App. 279 , 445 P.2d 555 .

11976–1976
Gard v. Razanskas green
iowa · 1957
2 sentences

1975The case of Gard v. Razanskas, 248 Iowa 1333 , 85 N.W.2d 612 , 65 A. L.R.2d 982, 986, contains a usable definition of the term “unjust enrichment,” and it is to be noted that this definition relates this right to restitution but particularly to the party “ ‘when he is restored to the position he formerly occupied either by the return of something which he formerly had or by the receipt of its equivalent in money. . . . ’ [Restatement of the Law, Restitution, § 1, p. 12].” There is demonstrably no element of that in this case.

1975The case of Gard v. Razanskas, 248 Iowa 1333 , 85 N.W.2d 612 , 65 A. L.R.2d 982, 986, contains a usable definition of the term “unjust enrichment,” and it is to be noted that this definition relates this right to restitution but particularly to the party “ ‘when he is restored to the position he formerly occupied either by the return of something which he formerly had or by the receipt of its equivalent in money. . . . ’ [Restatement of the Law, Restitution, § 1, p. 12].” There is demonstrably no element of that in this case.

11975–1975

Where else courts name it

TX 233 (1876–2026) MI 150 (1874–2026) CA 105 (1866–2026) MS 104 (1925–2025) GA 93 (1905–2025) PA 91 (1830–2026) FL 83 (1912–2019) TN 78 (1903–2026) AL 69 (1868–2026) IL 56 (1879–2025) SC 53 (1914–2026) IN 42 (1872–2024) IA 41 (1915–2026) KY 41 (1876–2026) ID 41 (1923–2022) KS 40 (1871–2024) WI 40 (1877–2026) OK 37 (1897–2025) OH 35 (1907–2026) MO 34 (1876–2018) OR 32 (1955–2025) AR 29 (1929–2023) NJ 29 (1954–2021) WV 28 (1960–2022) MD 27 (1895–2026) NY 26 (1888–2026) LA 24 (1946–2024) SD 21 (1910–2022) NC 20 (1863–2020) WA 19 (1962–2025) MT 18 (1907–2022) UT 18 (1930–2020) NV 17 (1876–2021) CT 16 (1939–2026) VA 15 (1907–2026) AZ 13 (1935–2020) MN 13 (1890–2010) WY 12 (1975–2021) NE 9 (1896–2025) DC 9 (1972–2011) AK 8 (1964–2015) NM 7 (1937–2011) CO 7 (1915–2005) ME 7 (1972–2024) RI 7 (1986–2016) ND 5 (1911–1998) VT 3 (1875–1996) PR 3 (1955–1963) MA 3 (1823–1991) NH 2 (1985–1998) DE 2 (1936–1997) HI 2 (1902–2016)

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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