crucial inquiry (Alaska) · Go Syfert
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crucial inquiry in Alaska

10 Alaska opinions name it 2 courts 1972–2005 0 in the last five years

The cases below were cited by Alaska 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 (2)

CaseFollowedCited
Salazar v. Stategreen
alaska · 1976 · cited in 1 Alaska opinions naming this issue, 2002–2002
1 sentence

2002In Ross v. State, 886 P.2d 378 (Alaska App.1992), this Court listed the factors that a trial judge should consider when deciding whether to grant a mid-trial request for a continuance to obtain the testimony of an absent witness: (1) whether the [absent witness's] testimony is material to the case; (2) whether the testimony can be elicited from another source; (3) whether the testimony is cumulative; (4) [the] probability of securing the absent witness in a reasonable time; (5) whether the requesting party was diligent and acted in good faith; (6) the inconvenience to the court and/or others;

11
Mead v. Stategreen
alaska · 1968 · cited in 1 Alaska opinions naming this issue, 1972–1972
1 sentence

1972Compare Mead v. State, 445 P.2d 229, 233 (Alaska 1968), cert. denied, 396 U.S. *287 855, 90 S.Ct. 117 , 24 L.Ed.2d 104 (1969), where in rejecting appellant’s contention that he was denied effective assistance of counsel, we said: But the state’s evidence against appellant was of an overwhelming nature pointing to appellant’s guilt, and we do not perceive anything that counsel might have done differently so that it could be said that his failure to do so resulted in appellant being deprived of a crucial defense, (footnote omitted) 12 .

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (10)

CaseCitedYears
Brannen v. State green
alaskactapp · 1990
2 sentences

2005Id., § 274, Yol. 2, p. 217.

2005Id., § 274, Vol. 2, p. 217.

12005–2005
Lambert v. Ryozik green
mont · 1994
1 sentence

2002In Ross v. State, 886 P.2d 378 (Alaska App.1992), this Court listed the factors that a trial judge should consider when deciding whether to grant a mid-trial request for a continuance to obtain the testimony of an absent witness: (1) whether the [absent witness's] testimony is material to the case; (2) whether the testimony can be elicited from another source; (3) whether the testimony is cumulative; (4) [the] probability of securing the absent witness in a reasonable time; (5) whether the requesting party was diligent and acted in good faith; (6) the inconvenience to the court and/or others;

12002–2002
Fickes v. Petrolane-Alaska Gas Service, Inc. green
alaska · 1981
1 sentence

1997Id. 6 .

11997–1997
Farmer v. State green
alaskactapp · 1987
1 sentence

1992Under Farmer , the crucial inquiry is whether the composite term actually imposed “is warranted under the totality of the circumstances.” Id. at 1302 .

11992–1992
Neal v. State green
alaska · 1981
1 sentence

1989Id. at 22 .

11989–1989
Brown v. State green
alaskactapp · 1985
1 sentence

1986We stated: Thus, in determining whether Brown was a first aggressor, the crucial inquiry is not whether he was armed when he went to meet with Miller; rather, it is whether his assault occurred “in the course of a dispute provoked by the defendant at a time when he [knew] or ought reasonably' to [have known] that the encounter [would] result in mortal combat.” This is an inquiry that must be resolved in light of the totality of the evidence presented at trial. [Citation omitted.] Id.

11986–1986
State v. Millett green
me · 1971
2 sentences

1985Thus, in determining whether Brown was a first aggressor, the crucial inquiry is not whether he was armed when he went to meet with Miller; rather, it is whether his assault occurred “in the course of a dispute provoked by the defendant at a time when he [knew] or ought reasonably to [have known] that the encounter [would] result in mortal combat.” State v. Millett, 273 A.2d at 510 .

1985Thus, in determining whether Brown was a first aggressor, the crucial inquiry is not whether he was armed when he went to meet with Miller; rather, it is whether his assault occurred "in the course of a dispute provoked by the defendant at a time when he [knew] or ought reasonably to [have known] that the encounter [would] result in mortal combat." State v. Millett, 273 A.2d at 510 .

11985–1985
State v. Castillo green
washctapp · 1979
2 sentences

1982The court concluded "the crucial inquiry is whether at the time the crime was committed, the act was recognized as a felony in Washington." (emphasis in the original) (citations omitted), 596 P.2d at 314 .

1982The court concluded “the crucial inquiry is whether at the time the crime was committed, the act was recognized as a felony in Washington.” (emphasis in the original) (citations omitted), 596 P.2d at 314 .

11982–1982
Caterpillar Tractor Co. v. Beck green
alaska · 1979
1 sentence

1979Whether a manufacturer’s “reasonable care and skill” as an expert in designing a product and its duty to “keep reasonably abreast of scientific knowledge and discoveries . . . and of techniques and devices used by practical men in his trade” are to be considered in a strict products liability action for design defect was settled in our recent decision in Caterpillar Tractor Co. v. Beck, 593 P.2d 871 (Alaska, 1979). 5 In the Beck case, we expressly rejected the approach taken by some legal commentators of reinserting negligence terminology into the jury’s inquiry into the “diverse factors relat

11979–1979
Barker v. Lull Engineering Co. green
cal · 1978
2 sentences

1979Whether a manufacturer’s “reasonable care and skill” as an expert in designing a product and its duty to “keep reasonably abreast of scientific knowledge and discoveries . . . and of techniques and devices used by practical men in his trade” are to be considered in a strict products liability action for design defect was settled in our recent decision in Caterpillar Tractor Co. v. Beck, 593 P.2d 871 (Alaska, 1979). 5 In the Beck case, we expressly rejected the approach taken by some legal commentators of reinserting negligence terminology into the jury’s inquiry into the “diverse factors relat

1979Whether a manufacturer’s “reasonable care and skill” as an expert in designing a product and its duty to “keep reasonably abreast of scientific knowledge and discoveries . . . and of techniques and devices used by practical men in his trade” are to be considered in a strict products liability action for design defect was settled in our recent decision in Caterpillar Tractor Co. v. Beck, 593 P.2d 871 (Alaska, 1979). 5 In the Beck case, we expressly rejected the approach taken by some legal commentators of reinserting negligence terminology into the jury’s inquiry into the “diverse factors relat

11979–1979

Where else courts name it

CA 247 (1906–2026) PA 115 (1920–2026) IL 110 (1895–2026) OH 110 (1899–2025) TX 85 (1964–2025) LA 85 (1968–2026) MI 65 (1908–2025) NY 65 (1889–2025) NC 54 (1904–2026) HI 43 (1955–2025) AL 42 (1921–2015) TN 39 (1910–2020) MA 37 (1975–2025) DC 34 (1982–2026) GA 34 (1907–2023) WA 32 (1970–2021) FL 30 (1974–2026) NJ 28 (1960–2025) IN 27 (1938–2023) MD 22 (1951–2019) AZ 14 (1966–2021) MO 13 (1890–2002) IA 13 (1922–2023) OR 12 (1931–2020) CO 12 (1983–2025) VA 10 (1918–2022) AK 10 (1972–2005) MN 10 (1973–2026) NE 9 (1941–2000) MT 9 (1899–2019) AR 8 (1939–2026) WI 8 (1963–2021) NM 7 (1985–2021) KS 7 (1926–2016) SC 7 (1941–2010) MS 6 (1991–2024) VT 6 (1991–2022) CT 6 (1997–2014) UT 5 (1939–2017) KY 5 (2005–2024) SD 5 (1956–2019) WY 4 (1981–2012) NV 4 (1975–2025) ID 4 (1928–2007) ME 4 (1901–2024) OK 4 (1964–2003) NH 3 (2000–2019) RI 2 (1991–2009) DE 2 (2016–2020) ND 2 (1901–1939)

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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