presumption hearing (District of Columbia) · Go Syfert
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presumption hearing in District of Columbia

9 District of Columbia opinions name it 1 courts 1986–2024 1 in the last five years

The cases below were cited by District of Columbia 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 (14)

CaseFollowedCited
Sykes v. United Statesgreen
dc · 1991 · cited in 2 District of Columbia opinions naming this issue, 1997–2012
2 sentences

1997We have said many times that "where the court is faced with a claim of ineffective assistance of counsel, the [statute] creates a presumption that a hearing should be held, Bruce v. United States, 617 A.2d 986, 995 (D.C.1992); Sykes v. United States, 585 A.2d 1335, 1339 (D.C.1991), especially where the allegations of ineffectiveness relate to facts outside the trial record." Hollis v. United States, 623 A.2d 1229, 1232 (D.C. 1993); accord Gray v. United States, 617 A.2d 521, 523 (D.C.1992); Smith v. United States, 608 A.2d 129, 131 (D.C.1992); Pettaway v. United States, 390 A.2d 981, 983-84 (D

1997We have said many times that “where the court is faced with a claim of ineffective assistance of counsel, the [statute] creates a presumption that a hearing should be held, Bruce v. United States, 617 A.2d 986, 995 (D.C.1992); Sykes v. United States, 585 A.2d 1335, 1339 (D.C.1991), especially where the allegations of ineffectiveness relate to facts outside the trial record.” Hollis v. United States, 623 A.2d 1229, 1232 (D.C.1993); accord Gray v. United States, 617 A.2d 521, 523 (D.C.1992); Smith v. United States, 608 A.2d 129, 131 (D.C.1992); Pettaway v. United States, 390 A.2d 981, 983-84 (D.

22
Hollis v. United Statesgreen
dc · 1993 · cited in 2 District of Columbia opinions naming this issue, 1997–2012
2 sentences

2012The resolution of a § 23-110 motion requires a hearing “[ujnless the motion and files and records of the case conclusively show that the prisoner is enti- tied to no relief.” D.C.Code § 23-110(c). “[W]here the court is faced with a claim of ineffective assistance of counsel, ... [§ 23 — 110(c) ] creates a presumption that a hearing should be held, especially where the allegations of ineffectiveness relate to facts outside the trial record.” Hollis v. United States, 623 A.2d 1229, 1232 (D.C.1993) (citations omitted).

1997We have said many times that "where the court is faced with a claim of ineffective assistance of counsel, the [statute] creates a presumption that a hearing should be held, Bruce v. United States, 617 A.2d 986, 995 (D.C.1992); Sykes v. United States, 585 A.2d 1335, 1339 (D.C.1991), especially where the allegations of ineffectiveness relate to facts outside the trial record." Hollis v. United States, 623 A.2d 1229, 1232 (D.C. 1993); accord Gray v. United States, 617 A.2d 521, 523 (D.C.1992); Smith v. United States, 608 A.2d 129, 131 (D.C.1992); Pettaway v. United States, 390 A.2d 981, 983-84 (D

22
Schweiker v. McCluregreen
scotus · 1982 · cited in 1 District of Columbia opinions naming this issue, 2024–2024
1 sentence

2024See Schweiker v. McClure, 456 U.S. 188, 195 (1982) (starting “from the presumption that the hearing officers who decide [administrative] claims are unbiased” and requiring a petitioner 27 to show a “conflict of interest or some other specific reason for disqualification”).

11
District of Columbia v. Thompsongreen
dc · 1991 · cited in 1 District of Columbia opinions naming this issue, 2017–2017
1 sentence

2017Moreover, the relevant enactments were passed over a period of several decades and “their respective subject matters and purposes” — in particular, the WCCA’s purpose of creating and funding a victims’ compensation fund and the Misdemeanor Streamlining Act’s purpose of reducing the number of jury trials — “are different.” District of Columbia v. Thompson, 593 A.2d 621, 680 (D.C. 1991); see also 2B Shamble Singer, Sutherland Statutory Construction § 51:1 (7th ed.) (“[I]n the absence of some evidence that legislators were cognizant of related statutes, courts should reject both the presumption a

11
Smith v. District of Columbia Department of Employment Servicesgreen
dc · 2007 · cited in 1 District of Columbia opinions naming this issue, 2012–2012
1 sentence

2012Analysis A. Reimbursement Payments Under D.C.Code § 32-1521 (2001), a private sector worker’s compensation claimant is entitled to a presumption that his claim “comes within the WCA [i.e., the Workers’ Compensation Act].” Smith v. District of Columbia Dep’t of Emp’t Servs., 934 A.2d 428, 435 (D.C.2007).

11
Dunston v. District of Columbia Department of Employment Servicesgreen
dc · 1986 · cited in 1 District of Columbia opinions naming this issue, 2009–2009
1 sentence

2009“On the question of the nature and extent of [her] disability, ... the claimant is not entitled to any presumptions.” Id.; see also Dunston v. District of Columbia Dep’t of Employment Servs., 509 A.2d 109, 111 (D.C.1986) (“Petitioner is entitled to a presumption that his claim is compensable, i.e., that his injury ‘arises out of his employment.

11
Ferreira v. District of Columbia Department of Employment Servicesgreen
dc · 1987 · cited in 1 District of Columbia opinions naming this issue, 2001–2001
1 sentence

2001See Ferreira I, 531 A.2d at 660 .

11
Bruce v. United Statesgreen
dc · 1992 · cited in 1 District of Columbia opinions naming this issue, 1997–1997
2 sentences

1997We have said many times that "where the court is faced with a claim of ineffective assistance of counsel, the [statute] creates a presumption that a hearing should be held, Bruce v. United States, 617 A.2d 986, 995 (D.C.1992); Sykes v. United States, 585 A.2d 1335, 1339 (D.C.1991), especially where the allegations of ineffectiveness relate to facts outside the trial record." Hollis v. United States, 623 A.2d 1229, 1232 (D.C. 1993); accord Gray v. United States, 617 A.2d 521, 523 (D.C.1992); Smith v. United States, 608 A.2d 129, 131 (D.C.1992); Pettaway v. United States, 390 A.2d 981, 983-84 (D

1997We have said many times that “where the court is faced with a claim of ineffective assistance of counsel, the [statute] creates a presumption that a hearing should be held, Bruce v. United States, 617 A.2d 986, 995 (D.C.1992); Sykes v. United States, 585 A.2d 1335, 1339 (D.C.1991), especially where the allegations of ineffectiveness relate to facts outside the trial record.” Hollis v. United States, 623 A.2d 1229, 1232 (D.C.1993); accord Gray v. United States, 617 A.2d 521, 523 (D.C.1992); Smith v. United States, 608 A.2d 129, 131 (D.C.1992); Pettaway v. United States, 390 A.2d 981, 983-84 (D.

11
Gray v. United Statesgreen
dc · 1992 · cited in 1 District of Columbia opinions naming this issue, 1997–1997
2 sentences

1997We have said many times that "where the court is faced with a claim of ineffective assistance of counsel, the [statute] creates a presumption that a hearing should be held, Bruce v. United States, 617 A.2d 986, 995 (D.C.1992); Sykes v. United States, 585 A.2d 1335, 1339 (D.C.1991), especially where the allegations of ineffectiveness relate to facts outside the trial record." Hollis v. United States, 623 A.2d 1229, 1232 (D.C. 1993); accord Gray v. United States, 617 A.2d 521, 523 (D.C.1992); Smith v. United States, 608 A.2d 129, 131 (D.C.1992); Pettaway v. United States, 390 A.2d 981, 983-84 (D

1997We have said many times that “where the court is faced with a claim of ineffective assistance of counsel, the [statute] creates a presumption that a hearing should be held, Bruce v. United States, 617 A.2d 986, 995 (D.C.1992); Sykes v. United States, 585 A.2d 1335, 1339 (D.C.1991), especially where the allegations of ineffectiveness relate to facts outside the trial record.” Hollis v. United States, 623 A.2d 1229, 1232 (D.C.1993); accord Gray v. United States, 617 A.2d 521, 523 (D.C.1992); Smith v. United States, 608 A.2d 129, 131 (D.C.1992); Pettaway v. United States, 390 A.2d 981, 983-84 (D.

11
Miller v. United Statesgreen
dc · 1984 · cited in 1 District of Columbia opinions naming this issue, 1997–1997
2 sentences

1997We have stressed the importance of this rule because § 23-110 "is virtually a remedy of last resort" and "the record on direct appeal is ordinarily barren of the evidentiary facts which would either confirm or refute [the] allegation [of ineffective assistance of trial counsel]." Miller v. United States, 479 A.2d 862, 869-70 (D.C.1984) (internal quotation marks omitted).

1997We have stressed the importance of this rule because § 23-110 “is virtually a remedy of last resort” and “the record on direct appeal is ordinarily barren of the evidentiary facts which would either confirm or refute [the] allegation [of ineffective assistance of trial counsel].” Miller v. United States, 479 A.2d 862, 869-70 (D.C.1984) (internal quotation marks omitted).

11
Smith v. United Statesgreen
dc · 1992 · cited in 1 District of Columbia opinions naming this issue, 1997–1997
2 sentences

1997We have said many times that "where the court is faced with a claim of ineffective assistance of counsel, the [statute] creates a presumption that a hearing should be held, Bruce v. United States, 617 A.2d 986, 995 (D.C.1992); Sykes v. United States, 585 A.2d 1335, 1339 (D.C.1991), especially where the allegations of ineffectiveness relate to facts outside the trial record." Hollis v. United States, 623 A.2d 1229, 1232 (D.C. 1993); accord Gray v. United States, 617 A.2d 521, 523 (D.C.1992); Smith v. United States, 608 A.2d 129, 131 (D.C.1992); Pettaway v. United States, 390 A.2d 981, 983-84 (D

1997We have said many times that “where the court is faced with a claim of ineffective assistance of counsel, the [statute] creates a presumption that a hearing should be held, Bruce v. United States, 617 A.2d 986, 995 (D.C.1992); Sykes v. United States, 585 A.2d 1335, 1339 (D.C.1991), especially where the allegations of ineffectiveness relate to facts outside the trial record.” Hollis v. United States, 623 A.2d 1229, 1232 (D.C.1993); accord Gray v. United States, 617 A.2d 521, 523 (D.C.1992); Smith v. United States, 608 A.2d 129, 131 (D.C.1992); Pettaway v. United States, 390 A.2d 981, 983-84 (D.

11
Gillis v. United Statesgreen
dc · 1991 · cited in 1 District of Columbia opinions naming this issue, 1997–1997
2 sentences

1997We have said many times that "where the court is faced with a claim of ineffective assistance of counsel, the [statute] creates a presumption that a hearing should be held, Bruce v. United States, 617 A.2d 986, 995 (D.C.1992); Sykes v. United States, 585 A.2d 1335, 1339 (D.C.1991), especially where the allegations of ineffectiveness relate to facts outside the trial record." Hollis v. United States, 623 A.2d 1229, 1232 (D.C. 1993); accord Gray v. United States, 617 A.2d 521, 523 (D.C.1992); Smith v. United States, 608 A.2d 129, 131 (D.C.1992); Pettaway v. United States, 390 A.2d 981, 983-84 (D

1997We have said many times that “where the court is faced with a claim of ineffective assistance of counsel, the [statute] creates a presumption that a hearing should be held, Bruce v. United States, 617 A.2d 986, 995 (D.C.1992); Sykes v. United States, 585 A.2d 1335, 1339 (D.C.1991), especially where the allegations of ineffectiveness relate to facts outside the trial record.” Hollis v. United States, 623 A.2d 1229, 1232 (D.C.1993); accord Gray v. United States, 617 A.2d 521, 523 (D.C.1992); Smith v. United States, 608 A.2d 129, 131 (D.C.1992); Pettaway v. United States, 390 A.2d 981, 983-84 (D.

11
Pettaway v. United Statesgreen
dc · 1978 · cited in 1 District of Columbia opinions naming this issue, 1997–1997
2 sentences

1997We have said many times that "where the court is faced with a claim of ineffective assistance of counsel, the [statute] creates a presumption that a hearing should be held, Bruce v. United States, 617 A.2d 986, 995 (D.C.1992); Sykes v. United States, 585 A.2d 1335, 1339 (D.C.1991), especially where the allegations of ineffectiveness relate to facts outside the trial record." Hollis v. United States, 623 A.2d 1229, 1232 (D.C. 1993); accord Gray v. United States, 617 A.2d 521, 523 (D.C.1992); Smith v. United States, 608 A.2d 129, 131 (D.C.1992); Pettaway v. United States, 390 A.2d 981, 983-84 (D

1997We have said many times that “where the court is faced with a claim of ineffective assistance of counsel, the [statute] creates a presumption that a hearing should be held, Bruce v. United States, 617 A.2d 986, 995 (D.C.1992); Sykes v. United States, 585 A.2d 1335, 1339 (D.C.1991), especially where the allegations of ineffectiveness relate to facts outside the trial record.” Hollis v. United States, 623 A.2d 1229, 1232 (D.C.1993); accord Gray v. United States, 617 A.2d 521, 523 (D.C.1992); Smith v. United States, 608 A.2d 129, 131 (D.C.1992); Pettaway v. United States, 390 A.2d 981, 983-84 (D.

11
Rennie v. Freeway Transportgreen
or · 1982 · cited in 1 District of Columbia opinions naming this issue, 1992–1992
2 sentences

1992I cannot agree, as Judge Ferren seems to suggest, ante at 546-547, that a motion for stay must be couched in terms of “an objection based on ‘other action pending.’ ” Thus, assuming this jurisdiction were to recognize a presumption of waiver absent a timely objection, appellee’s timely motion to stay prevented its application. 4 See Rennie, 294 Or. at 329 , 656 P.2d at 925 (where a defendant timely objects to claim-splitting, onus is upon plaintiff to accomplish any necessary joinder).

1992I cannot agree, as Judge Ferren seems to suggest, ante at 546-547, that a motion for stay must be couched in terms of “an objection based on ‘other action pending.’ ” Thus, assuming this jurisdiction were to recognize a presumption of waiver absent a timely objection, appellee’s timely motion to stay prevented its application. 4 See Rennie, 294 Or. at 329 , 656 P.2d at 925 (where a defendant timely objects to claim-splitting, onus is upon plaintiff to accomplish any necessary joinder).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (2)

CaseCitedYears
Ferreira v. District of Columbia Department of Employment Services green
dc · 1995
1 sentence

2001In evaluating a worker’s compensation claim, there is a presumption that the claim falls within the coverage of the statute, see D.C.Code § 36-321(1); Ferreira II, 667 A.2d at 312 , if the claimant provides some evidence of a disability and a workplace condition which has the potential to have caused the disability.

12001–2001
Chapman v. California red
scotus · 1967
2 sentences

1986Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967). 25 The trial court after hearing the testimony of Mr. Kim, Mrs. Kim, and Detective Spriggs, and, more importantly, after viewing first hand the controversial photograph, rejected appellant’s contention that the picture could in any way have influenced or tainted Mrs. Kim’s subsequent identifications of appellant.

1986Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967). 25 The trial court after hearing the testimony of Mr. Kim, Mrs. Kim, and Detective Spriggs, and, more importantly, after viewing first hand the controversial photograph, rejected appellant’s contention that the picture could in any way have influenced or tainted Mrs. Kim’s subsequent identifications of appellant.

11986–1986

Where else courts name it

TX 159 (1926–2026) MI 135 (1857–2026) CA 90 (1866–2026) MO 51 (1858–2024) IL 46 (1890–2026) OH 44 (1956–2026) IN 43 (1896–2025) NY 39 (1904–2026) WA 32 (1894–2026) FL 30 (1914–2025) NJ 28 (1895–2026) MD 27 (1868–2026) PA 26 (1916–2025) AK 23 (1974–2025) OK 21 (1924–2012) CT 18 (1904–2021) AL 18 (1873–2026) GA 17 (1927–2024) MN 17 (1940–2024) UT 16 (1887–2025) MS 15 (1894–2013) OR 15 (1914–2020) WI 14 (1930–2021) HI 13 (1987–2025) NM 13 (1930–2025) WY 13 (1960–2024) ND 13 (1960–2023) IA 12 (1920–2025) CO 12 (1984–2024) MA 11 (1903–2024) TN 10 (1992–2019) AZ 10 (1970–2026) VA 10 (1903–2024) MT 10 (1896–2025) NE 9 (1906–2025) AR 9 (1968–2002) DC 9 (1986–2024) KY 9 (1922–2016) NV 9 (1926–2017) LA 9 (1965–2021) KS 9 (1979–2024) NC 7 (1900–2016) SD 6 (1927–2023) VT 5 (1974–2011) DE 4 (1911–2016) WV 4 (1951–2025) RI 4 (1951–2025) ME 4 (1848–1973) NH 4 (1926–2007) SC 3 (1930–2016) ID 2 (1967–1980)

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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