refused instruction (Wyoming) · Go Syfert
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refused instruction in Wyoming

12 Wyoming opinions name it 1 courts 1937–1993 0 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 (5)

CaseFollowedCited
Zanetti Bus Lines, Inc. v. Logangreen
wyo · 1965 · cited in 2 Wyoming opinions naming this issue, 1981–1986
2 sentences

1981As this Court stated in Jeffers v. Offe, Wyo., 598 P.2d 450, 451 (1979): “ * * * [I]t is a well-recognized rule of law that no reversible error is committed by a court’s refusal to give an instruction even where it is legally correct and applicable to the issues in the case, where other instructions given embody substantially the same propositions as requested in the refused instruction. [Citations.]” “ * * * [W]e think that the court was justified in rejecting the instructions since the matters with which they dealt were adequately covered by other instructions. * * * It is well settled that

1981As this Court stated in Jeffers v. Offe, Wyo., 598 P.2d 450, 451 (1979): "* * * [I]t is a well-recognized rule of law that no reversible error is committed by a court's refusal to give an instruction even where it is legally correct and applicable to the issues in the case, where other instructions given embody substantially the same propositions as requested in the refused instruction. [Citations.]" "* * * [W]e think that the court was justified in rejecting the instructions since the matters with which they dealt were adequately covered by other instructions. * * * It is well settled that a

12
People v. Hayesgreen
illappct · 1992 · cited in 1 Wyoming opinions naming this issue, 1993–1993
2 sentences

1993See also Hayes, 170 Ill.Dec. 850 , 593 N.E.2d 739 , where there was a trial counsel misunderstanding of the controlling principle of insanity defense law.

1993See also Hayes, 170 Ill.Dec. 850 , 593 N.E.2d 739 , where there was a trial counsel misunderstanding of the controlling principle of insanity defense law.

11
Jeffers v. Offegreen
wyo · 1979 · cited in 1 Wyoming opinions naming this issue, 1981–1981
2 sentences

1981As this Court stated in Jeffers v. Offe, Wyo., 598 P.2d 450, 451 (1979): “ * * * [I]t is a well-recognized rule of law that no reversible error is committed by a court’s refusal to give an instruction even where it is legally correct and applicable to the issues in the case, where other instructions given embody substantially the same propositions as requested in the refused instruction. [Citations.]” “ * * * [W]e think that the court was justified in rejecting the instructions since the matters with which they dealt were adequately covered by other instructions. * * * It is well settled that

1981As this Court stated in Jeffers v. Offe, Wyo., 598 P.2d 450, 451 (1979): "* * * [I]t is a well-recognized rule of law that no reversible error is committed by a court's refusal to give an instruction even where it is legally correct and applicable to the issues in the case, where other instructions given embody substantially the same propositions as requested in the refused instruction. [Citations.]" "* * * [W]e think that the court was justified in rejecting the instructions since the matters with which they dealt were adequately covered by other instructions. * * * It is well settled that a

11
Berta v. Fordgreen
wyo · 1970 · cited in 1 Wyoming opinions naming this issue, 1979–1979
1 sentence

1979See, also, Berta v. Ford, Wyo., 469 P.2d 12 (1970).

11
Northwest States Utilities Co. v. Brouilettegreen
wyo · 1937 · cited in 1 Wyoming opinions naming this issue, 1979–1979
2 sentences

1979We have held: “. . . [I]t is a well-recognized rule of law that no reversible error is committed by a court’s refusal to give an instruction even where it is legally correct and applicable to the issues in the case, where other instructions given embody substantially the same propositions as requested in the refused instruction.” Northwest States Utilities Co. v. Broulette, 51 Wyo. 132 , 65 P.2d 223, 232 (1937).

1979We have held: “. . . [I]t is a well-recognized rule of law that no reversible error is committed by a court’s refusal to give an instruction even where it is legally correct and applicable to the issues in the case, where other instructions given embody substantially the same propositions as requested in the refused instruction.” Northwest States Utilities Co. v. Broulette, 51 Wyo. 132 , 65 P.2d 223, 232 (1937).

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 (16)

CaseCitedYears
Benson v. State green
wyo · 1977
2 sentences

1982See: Campbell v. State, Wyo., 589 P.2d 358 (1979); Channel v. State, Wyo., 592 P.2d 1145 (1979); Benson v. State, Wyo., 571 P.2d 595 (1977).

1977Under such a conclusion, plus the fact that the theory of the refused instruction appears well covered by the others given, Benson v. State, Wyo.1977, 571 P.2d 595 it is clear that the trial court’s refusal was not error.

21977–1982
People v. Jackson green
illappct · 1987
2 sentences

1993Where the trial court refused to rule on a pro se motion for a new trial based on trial court ineffectiveness of counsel performance, see People v. Jackson, 158 Ill.App.3d 394 , 110 Ill.Dec. 746 , 511 N.E.2d 923 (1987).

1993Where the trial court refused to rule on a pro se motion for a new trial based on trial court ineffectiveness of counsel performance, see People v. Jackson, 158 Ill.

11993–1993
Prime v. State green
wyo · 1989
2 sentences

1991As in Thomas , the instructions represent "`a skillful effort to induce the trial court to argue the case for the defense through its instructions.'" 784 P.2d at 240 (quoting Prime, 767 P.2d at 154 ).

1991As in Thomas , the instructions represent “ 'a skillful effort to induce the trial court to argue the case for the defense through its instructions.’ ” 784 P.2d at 240 (quoting Prime, 767 P.2d at 154 ).

11991–1991
Thomas v. State green
wyo · 1989
2 sentences

1991As in Thomas , the instructions represent "`a skillful effort to induce the trial court to argue the case for the defense through its instructions.'" 784 P.2d at 240 (quoting Prime, 767 P.2d at 154 ).

1991As in Thomas , the instructions represent “ 'a skillful effort to induce the trial court to argue the case for the defense through its instructions.’ ” 784 P.2d at 240 (quoting Prime, 767 P.2d at 154 ).

11991–1991
DeJulio v. Foster green
wyo · 1986
2 sentences

1990DeJulio, 715 P.2d 182 .

1990DeJulio, 715 P.2d 182 .

11990–1990
Brubaker v. Glenrock Lodge International Order of Odd Fellows green
wyo · 1974
2 sentences

1987Hernandez v. Gilveli, Wyo., 626 P.2d 74 (1981); Brubaker v. Glenrock Lodge International Order of Odd Fellows, Wyo., 526 P.2d 52 (1974).

1987Hernandez v. Gilveli, Wyo., 626 P.2d 74 (1981); Brubaker v. Glenrock Lodge International Order of Odd Fellows, Wyo., 526 P.2d 52 (1974).

11987–1987
Hernandez v. Gilveli green
wyo · 1981
2 sentences

1987Hernandez v. Gilveli, Wyo., 626 P.2d 74 (1981); Brubaker v. Glenrock Lodge International Order of Odd Fellows, Wyo., 526 P.2d 52 (1974).

1987Hernandez v. Gilveli, Wyo., 626 P.2d 74 (1981); Brubaker v. Glenrock Lodge International Order of Odd Fellows, Wyo., 526 P.2d 52 (1974).

11987–1987
Scheikofsky v. State green
wyo · 1981
2 sentences

1986Banks v. Crowner, Wyo., 694 P.2d 101 (1985); Scheikofsky v. State, Wyo., 636 P.2d 1107 (1981); Zanetti Bus Lines, Inc. v. Logan, Wyo., 400 P.2d 482 (1965).

1986Banks v. Crowner, Wyo., 694 P.2d 101 (1985); Scheikofsky v. State, Wyo., 636 P.2d 1107 (1981); Zanetti Bus Lines, Inc. v. Logan, Wyo., 400 P.2d 482 (1965).

11986–1986
Banks v. Crowner green
wyo · 1985
2 sentences

1986Banks v. Crowner, Wyo., 694 P.2d 101 (1985); Scheikofsky v. State, Wyo., 636 P.2d 1107 (1981); Zanetti Bus Lines, Inc. v. Logan, Wyo., 400 P.2d 482 (1965).

1986Banks v. Crowner, Wyo., 694 P.2d 101 (1985); Scheikofsky v. State, Wyo., 636 P.2d 1107 (1981); Zanetti Bus Lines, Inc. v. Logan, Wyo., 400 P.2d 482 (1965).

11986–1986
Channel v. State green
wyo · 1979
1 sentence

1982See: Campbell v. State, Wyo., 589 P.2d 358 (1979); Channel v. State, Wyo., 592 P.2d 1145 (1979); Benson v. State, Wyo., 571 P.2d 595 (1977).

11982–1982
Campbell v. State green
wyo · 1979
1 sentence

1982See: Campbell v. State, Wyo., 589 P.2d 358 (1979); Channel v. State, Wyo., 592 P.2d 1145 (1979); Benson v. State, Wyo., 571 P.2d 595 (1977).

11982–1982
Chavez v. State green
wyo · 1979
1 sentence

1982"A. Finally, after some time, I was able to pull him back out of the front-seat area in the front of the car." [4] The procedure and elements for proof of a previous conviction set out in Chavez v. State, Wyo., 604 P.2d 1341 (1980) were recognized and followed by the trial court here. [5] The appellant offered the following refused instruction purportedly taken from 18 U.S.C. § 921 (a)(3): "The term `firearm' means and includes any weapon which will expel a projectile by the action of an explosive." It misrepresents that section which actually reads: "(3) The term `firearm' means (A) any weapo

11982–1982
State v. Soper green
· 1899
2 sentences

1958It seems that presumption was also held to exist in some of the earlier Missouri cases; but these cases were overruled in the case of State v. Soper, 148 Mo. 217 , 49 S.W. 1007, 1011 .

1958It seems that presumption was also held to exist in some of the earlier Missouri cases; but these cases were overruled in the case of State v. Soper, 148 Mo. 217 , 49 S.W. 1007, 1011 .

11958–1958
Greenfield v. . People of the State of N.Y. green
· 1881
1 sentence

1958We may, however, mention the fact that the presumption mentioned in the refused instruction finds strong support in State v. Watkins, 9 Conn. 47 , 21 Am.Dec. 712; State v. Green, 35 Conn. 203 ; and see People of the State of New York v. Greenfield, 23 Hun 454 , 465, affirmed 85 N.Y. 75 , 39 Am.Rep. 636 ; 40 C.J.S., Homicide, § 198, p. 1098, nn. 40, 41.

11958–1958
State v. Green neutral
conn · 1868
1 sentence

1958We may, however, mention the fact that the presumption mentioned in the refused instruction finds strong support in State v. Watkins, 9 Conn. 47 , 21 Am.Dec. 712; State v. Green, 35 Conn. 203 ; and see People of the State of New York v. Greenfield, 23 Hun 454 , 465, affirmed 85 N.Y. 75 , 39 Am.Rep. 636 ; 40 C.J.S., Homicide, § 198, p. 1098, nn. 40, 41.

11958–1958
Henderson v. Coleman green
wyo · 1911
2 sentences

1937Henderson v. Coleman, 19 Wyo. 183 , 115 Pac. 439, 1136 .

1937Henderson v. Coleman, 19 Wyo. 183 , 115 Pac. 439, 1136 .

11937–1937

Where else courts name it

TX 237 (1880–2026) CA 120 (1894–2026) IL 118 (1881–2025) MO 81 (1867–2019) VA 80 (1924–2025) IN 57 (1862–2025) MS 57 (1919–2025) NM 23 (1916–2020) WA 21 (1901–2026) FL 19 (1893–2013) CO 16 (1903–2009) PA 14 (1912–2024) AZ 14 (1912–2004) AL 13 (1915–2025) HI 13 (1970–2025) NY 12 (1911–2018) WY 12 (1937–1993) OK 11 (1894–2009) IA 9 (1875–1984) AR 9 (1910–2002) UT 9 (1936–2001) OR 8 (1960–1990) MI 8 (1980–2024) MT 8 (1901–2025) WI 7 (1942–2012) KY 7 (1918–2020) SD 7 (1929–1998) GA 6 (1897–2024) OH 6 (1984–2009) NE 6 (1929–1997) KS 6 (1881–1987) MA 5 (1888–2000) WV 4 (1948–2021) NJ 4 (1842–2001) DC 4 (1958–2000) ID 4 (1932–2022) NV 3 (1973–1986) NH 2 (1965–1997) CT 2 (1979–1987) TN 2 (1997–1998) MN 2 (1930–1982) LA 2 (1848–1999)

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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