adversary hearing (Indiana) · Go Syfert
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adversary hearing in Indiana

9 Indiana opinions name it 2 courts 1972–1996 0 in the last five years

The cases below were cited by Indiana 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 (1)

CaseFollowedCited
Heller v. New Yorkgreen
scotus · 1973 · cited in 2 Indiana opinions naming this issue, 1985–1987
2 sentences

1987"This Court has never held, nor even implied, that there is an absolute First or Fourteenth Amendment right to a prior adversary hearing applicable to all cases where allegedly obscene material is seized." Heller v. New York, 413 U.S. 483, 448 , 93 S.Ct. 2789, 2792 , 37 L.Ed.2d 745, 751 (1973).

1987"This Court has never held, nor even implied, that there is an absolute First or Fourteenth Amendment right to a prior adversary hearing applicable to all cases where allegedly obscene material is seized." Heller v. New York, 413 U.S. 483, 448 , 93 S.Ct. 2789, 2792 , 37 L.Ed.2d 745, 751 (1973).

22

Distinguished, questioned or overruled (0)

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

Also cited on this issue (11)

CaseCitedYears
Ruddock v. Ohls green
calctapp · 1979
2 sentences

1992Explaining the reasoning of Ruddock v. Ohls (1979), 91 Cal.App.3d 271 , 154 Cal.Rptr. 87 , which discussed this issue, Judge Garrard wrote: "'The court expressed concern over the likelihood of a full adversary hearing on the paternity issue given the other concerns the mother might have competing with her desire to establish paternity: reticence to having her past personal life subject to scrutiny; guilty feelings about the dissolution; availability of government aid to support the child; desire to keep the child as hers alone; possible concessions from the alleged father on support and proper

1992Explaining the reasoning of Ruddock v. Ohls (1979), 91 Cal.App.3d 271 , 154 Cal.Rptr. 87 , which discussed this issue, Judge Garrard wrote: "'The court expressed concern over the likelihood of a full adversary hearing on the paternity issue given the other concerns the mother might have competing with her desire to establish paternity: reticence to having her past personal life subject to scrutiny; guilty feelings about the dissolution; availability of government aid to support the child; desire to keep the child as hers alone; possible concessions from the alleged father on support and proper

21984–1992
United States v. Thomas Reginald Pritchard green
ca11 · 1992
2 sentences

1996United States v. Pritchard, 973 F.2d 905 , 908 n. 3 (11th Cir.1992).

1996United States v. Pritchard, 973 F.2d 905 , 908 n. 3 (11th Cir.1992).

11996–1996
T.R. v. A.W. Ex Rel. Pearson green
indctapp · 1984
1 sentence

1992Explaining the reasoning of Ruddock v. Ohls (1979), 91 Cal.App.3d 271 , 154 Cal.Rptr. 87 , which discussed this issue, Judge Garrard wrote: "'The court expressed concern over the likelihood of a full adversary hearing on the paternity issue given the other concerns the mother might have competing with her desire to establish paternity: reticence to having her past personal life subject to scrutiny; guilty feelings about the dissolution; availability of government aid to support the child; desire to keep the child as hers alone; possible concessions from the alleged father on support and proper

11992–1992
Link v. Wabash Railroad green
scotus · 1962
2 sentences

1986Link v. Wabash Railroad Company (1962), 370 U.S. 626 , 82 S.Ct. 1386 , 8 LEd.2d 734.

1986Link v. Wabash Railroad Company (1962), 370 U.S. 626 , 82 S.Ct. 1386 , 8 LEd.2d 734.

11986–1986
People Ex Rel. Busch v. Projection Room Theater green
cal · 1976
2 sentences

1985Busch v. Projection Room Theater (1976), 17 Cal.3d 42 , 130 Cal.Rptr. 328 , 550 P.2d 600 , cert. denied, 429 U.S. 922 , 97 S.Ct. 320 , 50 L.Ed.2d 289 (1976), the California Supreme Court tersely disposes of the issue before us, holding that the Near doctrine precludes the use of temporary or permanent padlock orders against theaters or bookstores found to have violated obscenity laws: We are aware of no reported cases authorizing the closing of a bookstore or theater, even after it has been repeatedly determined judicially in a full adversary hearing that all or substantially all of the magazi

1985Busch v. Projection Room Theater (1976), 17 Cal.3d 42 , 130 Cal.Rptr. 328 , 550 P.2d 600 , cert. denied, 429 U.S. 922 , 97 S.Ct. 320 , 50 L.Ed.2d 289 (1976), the California Supreme Court tersely disposes of the issue before us, holding that the Near doctrine precludes the use of temporary or permanent padlock orders against theaters or bookstores found to have violated obscenity laws: We are aware of no reported cases authorizing the closing of a bookstore or theater, even after it has been repeatedly determined judicially in a full adversary hearing that all or substantially all of the magazi

11985–1985
California Department of Water Resources v. Oroville-Wyandotte Irrigation District green
scotus · 1976
2 sentences

1985Busch v. Projection Room Theater (1976), 17 Cal.3d 42 , 130 Cal. Rptr. 328 , 550 P.2d 600 , cert. denied, 429 U.S. 922 , 97 S.Ct. 320 , 50 L.Ed.2d 289 (1976), the California Supreme Court tersely disposes of the issue before us, holding that the Near doctrine precludes the use of temporary or permanent padlock orders against theaters or bookstores found to have violated obscenity laws: We are aware of no reported cases authorizing the closing of a bookstore or theater, even after it has been repeatedly determined judicially in a full adversary hearing that all or substantially all of the magaz

1985Busch v. Projection Room Theater (1976), 17 Cal.3d 42 , 130 Cal.Rptr. 328 , 550 P.2d 600 , cert. denied, 429 U.S. 922 , 97 S.Ct. 320 , 50 L.Ed.2d 289 (1976), the California Supreme Court tersely disposes of the issue before us, holding that the Near doctrine precludes the use of temporary or permanent padlock orders against theaters or bookstores found to have violated obscenity laws: We are aware of no reported cases authorizing the closing of a bookstore or theater, even after it has been repeatedly determined judicially in a full adversary hearing that all or substantially all of the magazi

11985–1985
Atlantic Improvement Corp. v. City of New York neutral
scotus · 1976
2 sentences

1985Busch v. Projection Room Theater (1976), 17 Cal.3d 42 , 130 Cal. Rptr. 328 , 550 P.2d 600 , cert. denied, 429 U.S. 922 , 97 S.Ct. 320 , 50 L.Ed.2d 289 (1976), the California Supreme Court tersely disposes of the issue before us, holding that the Near doctrine precludes the use of temporary or permanent padlock orders against theaters or bookstores found to have violated obscenity laws: We are aware of no reported cases authorizing the closing of a bookstore or theater, even after it has been repeatedly determined judicially in a full adversary hearing that all or substantially all of the magaz

1985Busch v. Projection Room Theater (1976), 17 Cal.3d 42 , 130 Cal.Rptr. 328 , 550 P.2d 600 , cert. denied, 429 U.S. 922 , 97 S.Ct. 320 , 50 L.Ed.2d 289 (1976), the California Supreme Court tersely disposes of the issue before us, holding that the Near doctrine precludes the use of temporary or permanent padlock orders against theaters or bookstores found to have violated obscenity laws: We are aware of no reported cases authorizing the closing of a bookstore or theater, even after it has been repeatedly determined judicially in a full adversary hearing that all or substantially all of the magazi

11985–1985
United States v. Morgan green
scotus · 1941
2 sentences

1984Without a showing to the contrary, state administrators "are assumed to be men of conscience and intellectual discipline, capable of judging a particular controversy fairly on the basis of its own circumstances." Id. at 55 , 95 S.Ct. at 1468 (quoting United States v. Morgan, (1941) 313 U.S. 409 , 61 S.Ct. 999 , 85 L.Ed. 1429 ).

1984Without a showing to the contrary, state administrators "are assumed to be men of conscience and intellectual discipline, capable of judging a particular controversy fairly on the basis of its own circumstances." Id. at 55 , 95 S.Ct. at 1468 (quoting United States v. Morgan, (1941) 313 U.S. 409 , 61 S.Ct. 999 , 85 L.Ed. 1429 ).

11984–1984
Withrow v. Larkin green
scotus · 1975
2 sentences

1984Without a showing to the contrary, state administrators "are assumed to be men of conscience and intellectual discipline, capable of judging a particular controversy fairly on the basis of its own circumstances." Id. at 55 , 95 S.Ct. at 1468 (quoting United States v. Morgan, (1941) 313 U.S. 409 , 61 S.Ct. 999 , 85 L.Ed. 1429 ).

1984Without a showing to the contrary, state administrators "are assumed to be men of conscience and intellectual discipline, capable of judging a particular controversy fairly on the basis of its own circumstances." Id. at 55 , 95 S.Ct. at 1468 (quoting United States v. Morgan, (1941) 313 U.S. 409 , 61 S.Ct. 999 , 85 L.Ed. 1429 ).

11984–1984
Gerstein v. Pugh green
scotus · 1975
2 sentences

1981This issue can be determined reliably without an adversary hearing.” Gerstein v. Pugh (1975), 420 U.S. 103, 119-20 , 95 S.Ct. 854, 865-66 , 43 L.Ed.2d 54 .

1981This issue can be determined reliably without an adversary hearing.” Gerstein v. Pugh (1975), 420 U.S. 103, 119-20 , 95 S.Ct. 854, 865-66 , 43 L.Ed.2d 54 .

11981–1981
Gish v. St. Joseph Loan & Trust Co. neutral
indctapp · 1916
2 sentences

1972Joseph Loan, etc., Co. (1916), 66 Ind. App. 500 , 113 N. E. 394 For the reasons specified, we are of the opinion that the transaction here involved is so intertwined and intermingled between the claimant, the personal representative and the decedent’s estate that an adversary hearing as contemplated by IC 1971, 29-1-14-17, Ind. Ann.

1972Joseph Loan, etc., Co. (1916), 66 Ind. App. 500 , 113 N. E. 394 For the reasons specified, we are of the opinion that the transaction here involved is so intertwined and intermingled between the claimant, the personal representative and the decedent’s estate that an adversary hearing as contemplated by IC 1971, 29-1-14-17, Ind. Ann.

11972–1972

Where else courts name it

TX 94 (1970–2025) CA 74 (1942–2025) NY 68 (1955–2013) FL 35 (1965–2016) OH 27 (1969–2026) OK 26 (1973–2015) LA 25 (1971–2021) MA 21 (1973–2024) MD 21 (1972–2026) PA 21 (1970–2020) MO 20 (1970–2022) NJ 16 (1960–2020) AZ 15 (1971–2018) WA 14 (1971–2024) IL 14 (1973–2020) WI 13 (1926–2023) MN 12 (1964–2016) HI 12 (1962–2018) NC 11 (1978–2022) DC 11 (1971–2016) MI 11 (1969–2018) IN 9 (1972–1996) KY 9 (1917–2021) AL 9 (1848–2024) CO 8 (1971–2019) OR 8 (1963–2016) MT 7 (1922–1984) MS 7 (1979–2019) GA 7 (1970–1994) IA 7 (1973–1991) NV 6 (1971–2020) RI 6 (1965–2007) CT 6 (1979–2000) WV 5 (1974–2004) NM 5 (2014–2022) TN 4 (2000–2018) DE 4 (1971–2023) AR 4 (1972–2010) WY 3 (1983–1995) KS 3 (1975–2004) NH 3 (1986–2013) ID 3 (1983–1994) NE 3 (1973–2024) AK 3 (1981–2013) VA 3 (1920–1976) ME 2 (1978–1993) SD 2 (1973–1976)

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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