formulation doctrine (Connecticut) · Go Syfert
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formulation doctrine in Connecticut

11 Connecticut opinions name it 3 courts 1974–2024 1 in the last five years

The cases below were cited by Connecticut 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 (9)

CaseFollowedCited
United States v. Bagleygreen
scotus · 1985 · cited in 1 Connecticut opinions naming this issue, 2012–2012
2 sentences

2012The full formulation of the test is as follows: "The evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different." United States v. Bagley, supra, 473 U.S. at 682 , 105 S.Ct. 3375 . [12] I note that, similar to the framework that I propose, the test governing whether a defendant is entitled to a new trial on the basis of a prosecutor's nondisclosure of material evidence applies regardless of whether the failure to disclose was intentional or merely negligent.

2012The full formulation of the test is as follows: "The evidence is material only if there is a reasonable probability that, had the evidence been disclosed to the defense, the result of the proceeding would have been different." United States v. Bagley, supra, 473 U.S. at 682 , 105 S.Ct. 3375 . [12] I note that, similar to the framework that I propose, the test governing whether a defendant is entitled to a new trial on the basis of a prosecutor's nondisclosure of material evidence applies regardless of whether the failure to disclose was intentional or merely negligent.

11
United States v. Robert D. Sutton, James H. Fleming, and Michael L. Browngreen
ca7 · 2003 · cited in 1 Connecticut opinions naming this issue, 2006–2006
1 sentence

2006See, e.g., United States v. Fernandez, 388 F.3d 1199, 1256 (9th Cir. 2004) (error is harmful “unless it is more probable than not that the error did not materially affect the verdict” [internal quotation marks omitted]); United States v. Clark, 385 F.3d 609, 619 (6th Cir. 2004) (error is harmless “unless it is more probable than not that the error materially affected the verdict” [internal quotation marks omitted]); United States v. Crenshaw, 359 F.3d 977, 1004 (8th Cir. 2004) (error is harmless if “the substantial rights of the defendant were unaffected, and . . . the error did not influence

11
United States v. Keith Bernard Crenshaw, United States of America v. Kamil Hakeem Johnson, United States of America v. Timothy Kevin McGrudergreen
ca8 · 2004 · cited in 1 Connecticut opinions naming this issue, 2006–2006
1 sentence

2006See, e.g., United States v. Fernandez, 388 F.3d 1199, 1256 (9th Cir. 2004) (error is harmful “unless it is more probable than not that the error did not materially affect the verdict” [internal quotation marks omitted]); United States v. Clark, 385 F.3d 609, 619 (6th Cir. 2004) (error is harmless “unless it is more probable than not that the error materially affected the verdict” [internal quotation marks omitted]); United States v. Crenshaw, 359 F.3d 977, 1004 (8th Cir. 2004) (error is harmless if “the substantial rights of the defendant were unaffected, and . . . the error did not influence

11
United States v. Steven G. Clarkgreen
ca6 · 2004 · cited in 1 Connecticut opinions naming this issue, 2006–2006
1 sentence

2006See, e.g., United States v. Fernandez, 388 F.3d 1199, 1256 (9th Cir. 2004) (error is harmful “unless it is more probable than not that the error did not materially affect the verdict” [internal quotation marks omitted]); United States v. Clark, 385 F.3d 609, 619 (6th Cir. 2004) (error is harmless “unless it is more probable than not that the error materially affected the verdict” [internal quotation marks omitted]); United States v. Crenshaw, 359 F.3d 977, 1004 (8th Cir. 2004) (error is harmless if “the substantial rights of the defendant were unaffected, and . . . the error did not influence

11
cluster 788340green
ca9 · 2004 · cited in 1 Connecticut opinions naming this issue, 2006–2006
1 sentence

2006See, e.g., United States v. Fernandez, 388 F.3d 1199, 1256 (9th Cir. 2004) (error is harmful “unless it is more probable than not that the error did not materially affect the verdict” [internal quotation marks omitted]); United States v. Clark, 385 F.3d 609, 619 (6th Cir. 2004) (error is harmless “unless it is more probable than not that the error materially affected the verdict” [internal quotation marks omitted]); United States v. Crenshaw, 359 F.3d 977, 1004 (8th Cir. 2004) (error is harmless if “the substantial rights of the defendant were unaffected, and . . . the error did not influence

11
State v. Stangegreen
conn · 1989 · cited in 1 Connecticut opinions naming this issue, 2003–2003
2 sentences

2003See State v. Stange, 212 Conn. 612, 616-17 , 563 A.2d 681 (1989); see also Conn. Code Evid. § 8-3 (2); State v. Westberry, 68 Conn. App. 622, 627 , 792 A.2d 154 , cert. denied, 260 Conn. 923 , 797 A.2d 519 (2002); C.

2003See State v. Stange, 212 Conn. 612, 616-17 , 563 A.2d 681 (1989); see also Conn. Code Evid. § 8-3 (2); State v. Westberry, 68 Conn. App. 622, 627 , 792 A.2d 154 , cert. denied, 260 Conn. 923 , 797 A.2d 519 (2002); C.

11
Catawba Indian Tribe Of South Carolina v. State Of South Carolinagreen
ca4 · 1983 · cited in 1 Connecticut opinions naming this issue, 1997–1997
1 sentence

1997See, e.g., [United States v. Candelaria, supra, 442 ; Catawba Indian Tribe v. South Carolina, supra, 1298; Joint Tribal Council of Passamaquoddy Tribe v. Morton, supra, 377].” (Emphasis added; internal quotation marks omitted.) Golden Hill, supra, 39 F.2d 59 . “[Consequently] . . . tribal status for purposes of obtaining federal benefits is not necessarily the same as tribal status under the Nonintercourse Act. . . .

11
State v. Canbygreen
wva · 1979 · cited in 1 Connecticut opinions naming this issue, 1988–1988
1 sentence

1988In State v. Guertin, supra, 453 , the court adopted the following rule as articulated in State v. Canby, 252 S.E.2d 164, 167 (W.

11
Baker v. Ivesgreen
conn · 1972 · cited in 1 Connecticut opinions naming this issue, 1974–1974
2 sentences

1974See Baker v. Ives, 162 Conn. 295, 298 , 294 A.2d 290 , and the many cases cited; and see Fidelity Bank v. State, 166 Conn. 251 , 348 A.2d 633 , for a recent formulation of the doctrine.

1974See Baker v. Ives, 162 Conn. 295, 298 , 294 A.2d 290 , and the many cases cited; and see Fidelity Bank v. State, 166 Conn. 251 , 348 A.2d 633 , for a recent formulation of the doctrine.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (14)

CaseCitedYears
Nelson v. Charlesworth green
connappct · 2004
2 sentences

2024Finally, in Nelson v. Charlesworth, 82 Conn. App. 710 , 846 A.2d 923 (2004), this court held that an attorney’s fraudulent conduct was sufficient to allow the court to exercise its equitable authority to open the judgment after the passage of the four month period even though the judgment itself was not obtained by fraud, deviating from the traditional formulation of that exception.10 After the court granted the plaintiff’s motion for default against the defendant and rendered a judgment award- ing damages to the plaintiff, the plaintiff’s attorney and the defendant’s insurer engaged in settle

2024Finally, in Nelson v. Charlesworth, 82 Conn. App. 710 , 846 A.2d 923 (2004), this court held that an attorney’s fraudulent conduct was sufficient to allow the court to exercise its equitable authority to open the judgment after the passage of the four month period even though the judgment itself was not obtained by fraud, deviating from the traditional formulation of that exception.10 After the court granted the plaintiff’s motion for default against the defendant and rendered a judgment award- ing damages to the plaintiff, the plaintiff’s attorney and the defendant’s insurer engaged in settle

12024–2024
Stillman v. Zoning Board of Appeals green
conn · 1991
1 sentence

2007The trial court concluded that because the record is devoid of evidence that the property has little or no value because of the setback regulations, no hardship has been shown.” (Internal quotation marks omitted.) Id., 635-36 .

12007–2007
Reid v. Holmes, District Director, Immigration and Naturalization Service green
scotus · 2003
1 sentence

2006See, e.g., United States v. Fernandez, 388 F.3d 1199, 1256 (9th Cir. 2004) (error is harmful “unless it is more probable than not that the error did not materially affect the verdict” [internal quotation marks omitted]); United States v. Clark, 385 F.3d 609, 619 (6th Cir. 2004) (error is harmless “unless it is more probable than not that the error materially affected the verdict” [internal quotation marks omitted]); United States v. Crenshaw, 359 F.3d 977, 1004 (8th Cir. 2004) (error is harmless if “the substantial rights of the defendant were unaffected, and . . . the error did not influence

12006–2006
Neaves v. City of San Diego, California neutral
scotus · 2003
1 sentence

2006See, e.g., United States v. Fernandez, 388 F.3d 1199, 1256 (9th Cir. 2004) (error is harmful “unless it is more probable than not that the error did not materially affect the verdict” [internal quotation marks omitted]); United States v. Clark, 385 F.3d 609, 619 (6th Cir. 2004) (error is harmless “unless it is more probable than not that the error materially affected the verdict” [internal quotation marks omitted]); United States v. Crenshaw, 359 F.3d 977, 1004 (8th Cir. 2004) (error is harmless if “the substantial rights of the defendant were unaffected, and . . . the error did not influence

12006–2006
Armaly v. United States neutral
scotus · 2003
1 sentence

2006See, e.g., United States v. Fernandez, 388 F.3d 1199, 1256 (9th Cir. 2004) (error is harmful “unless it is more probable than not that the error did not materially affect the verdict” [internal quotation marks omitted]); United States v. Clark, 385 F.3d 609, 619 (6th Cir. 2004) (error is harmless “unless it is more probable than not that the error materially affected the verdict” [internal quotation marks omitted]); United States v. Crenshaw, 359 F.3d 977, 1004 (8th Cir. 2004) (error is harmless if “the substantial rights of the defendant were unaffected, and . . . the error did not influence

12006–2006
State v. Irala green
conn · 2002
1 sentence

2003See State v. Stange, 212 Conn. 612, 616-17 , 563 A.2d 681 (1989); see also Conn. Code Evid. § 8-3 (2); State v. Westberry, 68 Conn. App. 622, 627 , 792 A.2d 154 , cert. denied, 260 Conn. 923 , 797 A.2d 519 (2002); C.

12003–2003
State v. Westberry green
conn · 2002
1 sentence

2003See State v. Stange, 212 Conn. 612, 616-17 , 563 A.2d 681 (1989); see also Conn. Code Evid. § 8-3 (2); State v. Westberry, 68 Conn. App. 622, 627 , 792 A.2d 154 , cert. denied, 260 Conn. 923 , 797 A.2d 519 (2002); C.

12003–2003
State v. Westberry green
connappct · 2002
2 sentences

2003See State v. Stange, 212 Conn. 612, 616-17 , 563 A.2d 681 (1989); see also Conn. Code Evid. § 8-3 (2); State v. Westberry, 68 Conn. App. 622, 627 , 792 A.2d 154 , cert. denied, 260 Conn. 923 , 797 A.2d 519 (2002); C.

2003See State v. Stange, 212 Conn. 612, 616-17 , 563 A.2d 681 (1989); see also Conn. Code Evid. § 8-3 (2); State v. Westberry, 68 Conn. App. 622, 627 , 792 A.2d 154 , cert. denied, 260 Conn. 923 , 797 A.2d 519 (2002); C.

12003–2003
State v. Calogero Costa green
· 1920
2 sentences

1993The defendant urges this court to construe § 53a-54a in accordance with three of our older cases; State v. Hoyeson, 154 Conn. 302 , 224 A.2d 735 (1966); State v. Leopold, 110 Conn. 55 , 147 A. 118 (1929); State v. Costa, 95 Conn. 140 , 110 A. 875 (1920); all of which recognized, in dictum, the doctrine of transferred intent in its traditional form.

1993The defendant urges this court to construe § 53a-54a in accordance with three of our older cases; State v. Hoyeson, 154 Conn. 302 , 224 A.2d 735 (1966); State v. Leopold, 110 Conn. 55 , 147 A. 118 (1929); State v. Costa, 95 Conn. 140 , 110 A. 875 (1920); all of which recognized, in dictum, the doctrine of transferred intent in its traditional form.

11993–1993
State v. Leopold green
conn · 1929
2 sentences

1993The defendant urges this court to construe § 53a-54a in accordance with three of our older cases; State v. Hoyeson, 154 Conn. 302 , 224 A.2d 735 (1966); State v. Leopold, 110 Conn. 55 , 147 A. 118 (1929); State v. Costa, 95 Conn. 140 , 110 A. 875 (1920); all of which recognized, in dictum, the doctrine of transferred intent in its traditional form.

1993The defendant urges this court to construe § 53a-54a in accordance with three of our older cases; State v. Hoyeson, 154 Conn. 302 , 224 A.2d 735 (1966); State v. Leopold, 110 Conn. 55 , 147 A. 118 (1929); State v. Costa, 95 Conn. 140 , 110 A. 875 (1920); all of which recognized, in dictum, the doctrine of transferred intent in its traditional form.

11993–1993
State v. Hoyeson green
conn · 1966
2 sentences

1993The defendant urges this court to construe § 53a-54a in accordance with three of our older cases; State v. Hoyeson, 154 Conn. 302 , 224 A.2d 735 (1966); State v. Leopold, 110 Conn. 55 , 147 A. 118 (1929); State v. Costa, 95 Conn. 140 , 110 A. 875 (1920); all of which recognized, in dictum, the doctrine of transferred intent in its traditional form.

1993The defendant urges this court to construe § 53a-54a in accordance with three of our older cases; State v. Hoyeson, 154 Conn. 302 , 224 A.2d 735 (1966); State v. Leopold, 110 Conn. 55 , 147 A. 118 (1929); State v. Costa, 95 Conn. 140 , 110 A. 875 (1920); all of which recognized, in dictum, the doctrine of transferred intent in its traditional form.

11993–1993
Federal Trade Commission v. Sperry & Hutchinson Co. green
scotus · 1972
2 sentences

1990This formula is known as the "cigarette rule", because of the companies involved in the formulation of the rule in the case of FTC v. Sperry Hutchinson Co., 405 U.S. 233 , 92 S.Ct. 898 , 31 L.Ed.2d 170 (1972).

1990This formula is known as the "cigarette rule", because of the companies involved in the formulation of the rule in the case of FTC v. Sperry Hutchinson Co., 405 U.S. 233 , 92 S.Ct. 898 , 31 L.Ed.2d 170 (1972).

11990–1990
Diaz v. United States green
scotus · 1912
2 sentences

1976This formulation of the rule was expressed in dictum in Diaz v. United States, 223 U.S. 442, 454 , 32 S. Ct. 250 , 56 L.

1976This formulation of the rule was expressed in dictum in Diaz v. United States, 223 U.S. 442, 454 , 32 S. Ct. 250 , 56 L.

11976–1976
Fidelity Bank v. State green
conn · 1974
2 sentences

1974See Baker v. Ives, 162 Conn. 295, 298 , 294 A.2d 290 , and the many cases cited; and see Fidelity Bank v. State, 166 Conn. 251 , 348 A.2d 633 , for a recent formulation of the doctrine.

1974See Baker v. Ives, 162 Conn. 295, 298 , 294 A.2d 290 , and the many cases cited; and see Fidelity Bank v. State, 166 Conn. 251 , 348 A.2d 633 , for a recent formulation of the doctrine.

11974–1974

Where else courts name it

CA 121 (1945–2026) NY 31 (1896–2024) PA 22 (1960–2024) NJ 19 (1977–2025) TX 17 (1957–2025) OR 15 (1972–2025) WI 14 (1963–2008) UT 13 (1979–2025) MA 13 (1975–2024) IL 13 (1897–2023) MI 12 (1977–2025) CT 11 (1974–2024) DE 10 (1988–2024) WA 10 (1981–2014) CO 10 (1975–2023) MD 10 (1975–2018) IN 8 (1969–2008) ME 8 (1973–2023) ID 7 (1988–2025) MN 7 (1974–2024) AZ 6 (1965–2004) HI 6 (1975–2021) AK 6 (1980–2022) ND 6 (1982–2016) FL 6 (1980–2007) NC 5 (1978–2019) DC 5 (1980–2022) WV 5 (1977–1997) TN 5 (1914–2010) MO 4 (1922–1994) IA 4 (1983–2026) NM 4 (1975–2015) AL 4 (1932–2004) KY 3 (1979–2010) KS 3 (1980–2022) SC 3 (1961–1996) AR 3 (1986–2006) VA 2 (2007–2019) OH 2 (1982–1982) MS 2 (1981–1986) SD 2 (1948–2022)

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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