overriding presumption (Minnesota) · Go Syfert
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overriding presumption in Minnesota

11 Minnesota opinions name it 2 courts 1984–2005 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 (3)

CaseFollowedCited
Weatherly v. Weatherlygreen
minn · 1983 · cited in 2 Minnesota opinions naming this issue, 1984–1985
2 sentences

1985Weatherly v. Weatherly, 330 N.W.2d 890, 891 (Minn.1983).

1984Weatherly v. Weatherly, 330 N.W.2d 890 (Minn.1983).

12
Tammen v. Tammengreen
minn · 1970 · cited in 1 Minnesota opinions naming this issue, 2005–2005
2 sentences

2005See, e.g., Tammen v. Tammen, 289 Minn. 28, 30 , 182 N.W.2d 840, 842 (1970).

2005See, e.g., Tammen v. Tammen, 289 Minn. 28, 30 , 182 N.W.2d 840, 842 (1970).

11
Marriage of Oberle v. Oberlegreen
minnctapp · 1984 · cited in 1 Minnesota opinions naming this issue, 1986–1986
1 sentence

1986Oberle v. Oberle, 355 N.W.2d 210, 212 (Minn.Ct.App.1984).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Marriage of Pikula v. Pikula red
minn · 1985
2 sentences

1986Minn.Stat. § 518.17, subd. 3 (1984); Pikula, 374 N.W.2d at 711 .

1985Minn.Stat. § 518.17, subd. 3 (1984); Pikula, 374 N.W.2d 705 .

21985–1986
California v. Carney green
scotus · 1985
2 sentences

2003Id. at 392 , 105 S.Ct. 2066 (concluding that, when "pervasive schemes of regulation, which necessarily lead to reduced expectations of privacy, and the exigencies attendant to ready mobility justify searches without prior recourse to the authority of a magistrate so long as the overriding standard of probable cause is met ") (emphasis added).

2003Id. at 392 , 105 S.Ct. 2066 (concluding that, when "pervasive schemes of regulation, which necessarily lead to reduced expectations of privacy, and the exigencies attendant to ready mobility justify searches without prior recourse to the authority of a magistrate so long as the overriding standard of probable cause is met ") (emphasis added).

12003–2003
In Re the Marriage of Ellesmere v. Ellesmere green
minnctapp · 1984
1 sentence

1986Minn.Stat. § 518.58 (1984), Ellesmere v. Ellesmere, 359 N.W.2d 48, 51 (Minn.Ct.App.1984).

11986–1986
Hines v. Sheraton Ritz Hotel green
minnctapp · 1984
1 sentence

1985Hines, 349 N.W.2d at 330 .

11985–1985
Morissette v. United States green
scotus · 1952
2 sentences

1984In Morissette v. United States, 342 U.S. 246, 274 , 72 S.Ct. 240, 255 , 96 L.Ed. 288 (1952), the Court held that “a presumption which would permit *256 but not require the jury to assume intent from an isolated fact would prejudge a conclusion which the jury should reach of its own volition * * *. [TJhis presumption conflicts with the overriding presumption of innocence with which the law endows the accused.” 342 U.S. at 275 , 72 S.Ct. at 256 .

1984In Morissette v. United States, 342 U.S. 246, 274 , 72 S.Ct. 240, 255 , 96 L.Ed. 288 (1952), the Court held that “a presumption which would permit *256 but not require the jury to assume intent from an isolated fact would prejudge a conclusion which the jury should reach of its own volition * * *. [TJhis presumption conflicts with the overriding presumption of innocence with which the law endows the accused.” 342 U.S. at 275 , 72 S.Ct. at 256 .

11984–1984
Bogen v. Bogen green
minn · 1977
1 sentence

1984Although a trial court has broad discretion in the division of marital property, Bogen v. Bogen, 261 N.W.2d 606 (Minn.1977), the overriding requirement of the statute governing the division of marital property is that the division be equitable.

11984–1984
United States v. United States Gypsum Co. green
scotus · 1978
2 sentences

1984Morissette was reaffirmed first in United States v. United States Gypsum, 438 U.S. 422 , 98 S.Ct. 2864 , 57 L.Ed.2d 854 (1978), and then in Sandstrom .

1984Morissette was reaffirmed first in United States v. United States Gypsum, 438 U.S. 422 , 98 S.Ct. 2864 , 57 L.Ed.2d 854 (1978), and then in Sandstrom .

11984–1984

Statutes the citing opinions construe

MN § Minn. Stat. § 518.17 (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

LA 70 (1974–2024) CA 61 (1972–2026) OH 45 (1983–2026) FL 43 (1961–2025) TX 42 (1982–2023) MI 37 (1966–2026) NY 36 (1956–2024) SC 32 (1986–2023) PA 30 (1966–2026) IL 29 (1964–2020) NJ 28 (1953–2025) MT 23 (1959–2020) VA 23 (1985–2026) WA 22 (1977–2025) MO 16 (1959–2024) IA 14 (1982–2023) WI 13 (1955–2025) TN 12 (1980–2024) MN 11 (1984–2005) OR 10 (1980–2024) CO 9 (1974–2005) CT 9 (1980–2015) MD 9 (1984–2011) NC 8 (1980–2026) AR 7 (1992–2016) MA 7 (1980–2025) KS 7 (1969–2020) UT 7 (1987–2022) KY 6 (1961–2023) RI 6 (2004–2017) NM 5 (1991–2020) ND 4 (1998–2013) GA 4 (1983–2025) ME 4 (1975–2018) AZ 4 (1977–2015) ID 4 (1980–2025) NH 4 (1993–2018) OK 4 (1983–2018) WV 4 (1975–2019) IN 4 (1976–2014) HI 4 (2005–2014) SD 3 (1984–1992) AK 3 (1979–2018) AL 3 (1984–2015) MS 3 (2001–2024) DC 3 (1987–2013)

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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