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9 Wyoming opinions name it 1 courts 1975–2019 0 in the last five years
The cases below were cited by Wyoming 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.
| Case | Followed | Cited |
|---|---|---|
State v. Hickenbottomgreen2 sentences2008Once the defendant requests an instruction be given which correctly articulates Wyoming law after an offering of substantial evidence to underpin that request, the "court's failure to cause [defendant's] main defense to be affirmatively presented to the jury [constitutes] a denial of due process." Blakely, 474 P.2d at 130 (emphasis added) (accord *72 State v. Hickenbottom, 63 Wyo. 41 , 178 P.2d 119, 131 (1947)). 2008Once the defendant requests an instruction be given which correctly articulates Wyoming law after an offering of substantial evidence to underpin that request, the "court's failure to cause [defendant's] main defense to be affirmatively presented to the jury [constitutes] a denial of due process." Blakely, 474 P.2d at 130 (emphasis added) (accord *72 State v. Hickenbottom, 63 Wyo. 41 , 178 P.2d 119, 131 (1947)). | 2 | 2 |
State v. Pigueirasgreen2 sentences2002See State v. Pigueiras, 344 N.J.Super. 297 , 781 A.2d 1086, 1094 (A.D.2001). [T20] As can be seen, the given instruction was quite different from this explana *254 tion; however, by confirming that intent to kill need not be proved and that the jury could consider the effect on "quality of life," the district court's instruction sufficiently indicated that the jury could consider "the nature of the act itself and the severity of any resulting injury." We affirm Williams' conviction for aggravated assault and battery. 2002See State v. Pigueiras, 344 N.J.Super. 297 , 781 A.2d 1086, 1094 (A.D.2001). [T20] As can be seen, the given instruction was quite different from this explana *254 tion; however, by confirming that intent to kill need not be proved and that the jury could consider the effect on "quality of life," the district court's instruction sufficiently indicated that the jury could consider "the nature of the act itself and the severity of any resulting injury." We affirm Williams' conviction for aggravated assault and battery. | 1 | 1 |
Kennedy v. Stategreen2 sentences1990Once the defendant requests an instruction be given which correctly articulates Wyoming law after an offering of substantial evidence to underpin that request, the "court's failure to cause [defendant's] main defense to be affirmatively presented to the jury [constitutes] a denial of due process." Blakely, 474 P.2d at 130 (emphasis added) ( accord State v. Hickenbottom, 63 Wyo. 41 , 178 P.2d 119, 131 (1947)). 1990Once the defendant requests an instruction be given which correctly articulates Wyoming law after an offering of substantial evidence to underpin that request, the “court’s failure to cause [defendant’s] main defense to be affirmatively presented to the jury [constitutes] a denial of due process.” Blakely, 474 P.2d at 130 (emphasis added) (accord State v. Hickenbottom, 63 Wyo. 41 , 178 P.2d 119, 131 (1947)). | 1 | 1 |
Parker v. Stategreen2 sentences1984Parker v. State, 24 Wyo. 491 , 161 P. 552, 555 (1916); nn. 3 and 6, supra; and the given instruction on self-defense, supra. Perhaps this concept is best exemplified in our opinion which reverses the trial court in State v. Radon, 45 Wyo. 383 , 19 P.2d 177 (1933). 1984Parker v. State, 24 Wyo. 491 , 161 P. 552, 555 (1916); nn. 3 and 6, supra; and the given instruction on self-defense, supra. Perhaps this concept is best exemplified in our opinion which reverses the trial court in State v. Radon, 45 Wyo. 383 , 19 P.2d 177 (1933). | 1 | 1 |
Ibn-Tamas v. United Statesgreen1 sentence1984See id. at § 203." 407 A.2d at 638 . [1] Rule 25(b), W.R.Cr.P., provides in part: "(b) Peremptory challenges. — In every case * * * [i]f the offense charged is punishable by imprisonment for more than one (1) year, each defendant shall be entitled to 8 peremptory challenges. * * *" | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Wyoming. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
In Re International Profit Associates, Inc.
green
1 sentence2019Whether a given claim falls "within the forum-selection clause's scope depends on the parties' intent ... and a 'common-sense examination' of the substantive factual allegations." Pinto , 526 S.W.3d at 437 (citing In re Int'l Profit Assocs., Inc. , 274 S.W.3d 672 , 677 (Tex. 2009) ); see also JFP Servs., L.L.C. v. Torans , No. SA-17-CV-00210-FB, 2018 WL 3326841 , at *6 (W.D. | 1 | 2019–2019 |
Pinto Technology Ventures, L.P. v. Sheldon
green
1 sentence2019Whether a given claim falls "within the forum-selection clause's scope depends on the parties' intent ... and a 'common-sense examination' of the substantive factual allegations." Pinto , 526 S.W.3d at 437 (citing In re Int'l Profit Assocs., Inc. , 274 S.W.3d 672 , 677 (Tex. 2009) ); see also JFP Servs., L.L.C. v. Torans , No. SA-17-CV-00210-FB, 2018 WL 3326841 , at *6 (W.D. | 1 | 2019–2019 |
United States v. Moses Pino
green
2 sentences1993Our witness is that the federal courts have repeatedly peered into murky waters in analyzing what offenses are “necessarily included.” In the United States Court of Appeals for the Tenth Circuit, a formulation was adopted that has become known as the “inherent relationship test.” In United States v. Pino, 606 F.2d 908 (10th Cir.1979), that test was adopted from United States v. Whitaker, 447 F.2d 314 (D.C.Cir.1971). 1993Then, in Derksen v. State, 845 P.2d 1383 (Wyo. 1993), a plain error standard of review was applied to determine that a given instruction on the crime of taking immodest, immoral, or indecent liberties with a child as a lesser included offense of sexual assault in the second degree was improper. *1128 Our witness is that the federal courts have repeatedly peered into murky waters in analyzing what offenses are "necessarily included." In the United States Court of Appeals for the Tenth Circuit, a formulation was adopted that has become known as the "inherent relationship test." In United States | 1 | 1993–1993 |
United States v. Willie Whitaker
red
2 sentences1993Our witness is that the federal courts have repeatedly peered into murky waters in analyzing what offenses are “necessarily included.” In the United States Court of Appeals for the Tenth Circuit, a formulation was adopted that has become known as the “inherent relationship test.” In United States v. Pino, 606 F.2d 908 (10th Cir.1979), that test was adopted from United States v. Whitaker, 447 F.2d 314 (D.C.Cir.1971). 1993Then, in Derksen v. State, 845 P.2d 1383 (Wyo. 1993), a plain error standard of review was applied to determine that a given instruction on the crime of taking immodest, immoral, or indecent liberties with a child as a lesser included offense of sexual assault in the second degree was improper. *1128 Our witness is that the federal courts have repeatedly peered into murky waters in analyzing what offenses are "necessarily included." In the United States Court of Appeals for the Tenth Circuit, a formulation was adopted that has become known as the "inherent relationship test." In United States | 1 | 1993–1993 |
Derksen v. State
green
2 sentences1993Then, in Derksen v. State, 845 P.2d 1383 (Wyo.1993), a plain error standard of review was applied to determine that a given instruction on the crime of taking immodest, immoral, or indecent liberties with a child as a lesser included offense of sexual assault in the second degree was improper. 1993Then, in Derksen v. State, 845 P.2d 1383 (Wyo. 1993), a plain error standard of review was applied to determine that a given instruction on the crime of taking immodest, immoral, or indecent liberties with a child as a lesser included offense of sexual assault in the second degree was improper. *1128 Our witness is that the federal courts have repeatedly peered into murky waters in analyzing what offenses are "necessarily included." In the United States Court of Appeals for the Tenth Circuit, a formulation was adopted that has become known as the "inherent relationship test." In United States | 1 | 1993–1993 |
Dyas v. United States
green
1 sentence1984Parker v. State, supra nn. 3 and 6; State v. Radon, supra n. 3 , discussed infra in detail, and the law of the case as contained in the given instruction, supra. [21] This transfer testimony was incorporated in the offer of proof and it falls within the exception to the hearsay rule under Rule 803(4), W.R.E. [22] In spite of Rule 704, W.R.E. and appropriate citations supra. [23] The court said: "The jury, I believe, is to determine the reasonableness of any fears, and they should determine that by evidence, of a person who testifies as to the facts, the situation, and draw their conclusions." | 1 | 1984–1984 |
State v. Radon
neutral
2 sentences1984Parker v. State, 24 Wyo. 491 , 161 P. 552, 555 (1916); nn. 3 and 6, supra; and the given instruction on self-defense, supra. Perhaps this concept is best exemplified in our opinion which reverses the trial court in State v. Radon, 45 Wyo. 383 , 19 P.2d 177 (1933). 1984Parker v. State, 24 Wyo. 491 , 161 P. 552, 555 (1916); nn. 3 and 6, supra; and the given instruction on self-defense, supra. Perhaps this concept is best exemplified in our opinion which reverses the trial court in State v. Radon, 45 Wyo. 383 , 19 P.2d 177 (1933). | 1 | 1984–1984 |
State v. Rouse
neutral
1 sentence1984Parker v. State, 24 Wyo. 491 , 161 P. 552, 555 (1916); nn. 3 and 6, supra; and the given instruction on self-defense, supra. Perhaps this concept is best exemplified in our opinion which reverses the trial court in State v. Radon, 45 Wyo. 383 , 19 P.2d 177 (1933). | 1 | 1984–1984 |
Rounds & Porter Lumber Co. v. Sherry
green
2 sentences1984Parker v. State, 24 Wyo. 491 , 161 P. 552, 555 (1916); nn. 3 and 6, supra; and the given instruction on self-defense, supra. Perhaps this concept is best exemplified in our opinion which reverses the trial court in State v. Radon, 45 Wyo. 383 , 19 P.2d 177 (1933). 1984Parker v. State, 24 Wyo. 491 , 161 P. 552, 555 (1916); nn. 3 and 6, supra; and the given instruction on self-defense, supra. Perhaps this concept is best exemplified in our opinion which reverses the trial court in State v. Radon, 45 Wyo. 383 , 19 P.2d 177 (1933). | 1 | 1984–1984 |
Frank Erickson and Amelia Erickson v. The United States
green
2 sentences1983The determination is binding between the parties under the principle of direct estoppel. * * * It is immaterial that no appeal was taken from the ruling of the court in the first action.” In Erickson v. United States, 159 Ct.Cl. 202 , 309 F.2d 760 (1962), a tax court refused on jurisdictional grounds to decide whether interest should have been assessed against a taxpayer. 1983The determination is binding between the parties under the principle of direct estoppel. * * * It is immaterial that no appeal was taken from the ruling of the court in the first action.” In Erickson v. United States, 159 Ct.Cl. 202 , 309 F.2d 760 (1962), a tax court refused on jurisdictional grounds to decide whether interest should have been assessed against a taxpayer. | 1 | 1983–1983 |
Heberling v. State
green
1 sentence1975We have heretofore in several cases called attention to the requirements of Rule 51, supra; Sims v. State, Wyo., 530 P.2d 1176 , 1181— 1182; Heberling v. State, Wyo., 507 P.2d 1, 5 , certiorari denied 414 U.S. 1022 , 94 S.Ct. 444 , 38 L.Ed.2d 313 ; Bentley v. State, Wyo., 502 P.2d 203, 206 ; Reeder v. State, Wyo., 515 P.2d 969, 971-972 , mandamus denied 419 U.S. 1018 , 95 S.Ct. 509 , 42 L.Ed.2d 303 . | 1 | 1975–1975 |
Bentley v. State
green
1 sentence1975We have heretofore in several cases called attention to the requirements of Rule 51, supra; Sims v. State, Wyo., 530 P.2d 1176 , 1181— 1182; Heberling v. State, Wyo., 507 P.2d 1, 5 , certiorari denied 414 U.S. 1022 , 94 S.Ct. 444 , 38 L.Ed.2d 313 ; Bentley v. State, Wyo., 502 P.2d 203, 206 ; Reeder v. State, Wyo., 515 P.2d 969, 971-972 , mandamus denied 419 U.S. 1018 , 95 S.Ct. 509 , 42 L.Ed.2d 303 . | 1 | 1975–1975 |
Sims v. State
green
1 sentence1975We have heretofore in several cases called attention to the requirements of Rule 51, supra; Sims v. State, Wyo., 530 P.2d 1176 , 1181— 1182; Heberling v. State, Wyo., 507 P.2d 1, 5 , certiorari denied 414 U.S. 1022 , 94 S.Ct. 444 , 38 L.Ed.2d 313 ; Bentley v. State, Wyo., 502 P.2d 203, 206 ; Reeder v. State, Wyo., 515 P.2d 969, 971-972 , mandamus denied 419 U.S. 1018 , 95 S.Ct. 509 , 42 L.Ed.2d 303 . | 1 | 1975–1975 |
Dewey v. A. F. Klaveness & Co.
green
2 sentences1975It is an unfortunate word, which places an entirely wrong emphasis upon the factor of physical or mechanical closeness. * * * ” Moving now to the application of the given instruction in the case before us. *1231 In a most interesting discussion of proximate cause and the problems incident to the use of the term and a suggestion that it ought to be reexamined in the specially-concurring opinion in Dewey v. A. F. Klaveness & Co., A/S, 1962, 233 Or. 515 , 379 P.2d 560, 572 , the problem is pinpointed as far as our particular case is concerned by the following statement: “ * * * In the typical aut 1975It is an unfortunate word, which places an entirely wrong emphasis upon the factor of physical or mechanical closeness. * * * ” Moving now to the application of the given instruction in the case before us. *1231 In a most interesting discussion of proximate cause and the problems incident to the use of the term and a suggestion that it ought to be reexamined in the specially-concurring opinion in Dewey v. A. F. Klaveness & Co., A/S, 1962, 233 Or. 515 , 379 P.2d 560, 572 , the problem is pinpointed as far as our particular case is concerned by the following statement: “ * * * In the typical aut | 1 | 1975–1975 |
Reeder v. State
green
1 sentence1975We have heretofore in several cases called attention to the requirements of Rule 51, supra; Sims v. State, Wyo., 530 P.2d 1176 , 1181— 1182; Heberling v. State, Wyo., 507 P.2d 1, 5 , certiorari denied 414 U.S. 1022 , 94 S.Ct. 444 , 38 L.Ed.2d 313 ; Bentley v. State, Wyo., 502 P.2d 203, 206 ; Reeder v. State, Wyo., 515 P.2d 969, 971-972 , mandamus denied 419 U.S. 1018 , 95 S.Ct. 509 , 42 L.Ed.2d 303 . | 1 | 1975–1975 |
F. H. McGraw & Co. v. Fellows Corp.
green
1 sentence1975We have heretofore in several cases called attention to the requirements of Rule 51, supra; Sims v. State, Wyo., 530 P.2d 1176 , 1181— 1182; Heberling v. State, Wyo., 507 P.2d 1, 5 , certiorari denied 414 U.S. 1022 , 94 S.Ct. 444 , 38 L.Ed.2d 313 ; Bentley v. State, Wyo., 502 P.2d 203, 206 ; Reeder v. State, Wyo., 515 P.2d 969, 971-972 , mandamus denied 419 U.S. 1018 , 95 S.Ct. 509 , 42 L.Ed.2d 303 . | 1 | 1975–1975 |
Heberling v. Wyoming
green
1 sentence1975We have heretofore in several cases called attention to the requirements of Rule 51, supra; Sims v. State, Wyo., 530 P.2d 1176 , 1181— 1182; Heberling v. State, Wyo., 507 P.2d 1, 5 , certiorari denied 414 U.S. 1022 , 94 S.Ct. 444 , 38 L.Ed.2d 313 ; Bentley v. State, Wyo., 502 P.2d 203, 206 ; Reeder v. State, Wyo., 515 P.2d 969, 971-972 , mandamus denied 419 U.S. 1018 , 95 S.Ct. 509 , 42 L.Ed.2d 303 . | 1 | 1975–1975 |
Middendorf v. Henry
green
1 sentence1975We have heretofore in several cases called attention to the requirements of Rule 51, supra; Sims v. State, Wyo., 530 P.2d 1176 , 1181— 1182; Heberling v. State, Wyo., 507 P.2d 1, 5 , certiorari denied 414 U.S. 1022 , 94 S.Ct. 444 , 38 L.Ed.2d 313 ; Bentley v. State, Wyo., 502 P.2d 203, 206 ; Reeder v. State, Wyo., 515 P.2d 969, 971-972 , mandamus denied 419 U.S. 1018 , 95 S.Ct. 509 , 42 L.Ed.2d 303 . | 1 | 1975–1975 |
Williams v. Albert
green
1 sentence1975We have heretofore in several cases called attention to the requirements of Rule 51, supra; Sims v. State, Wyo., 530 P.2d 1176 , 1181— 1182; Heberling v. State, Wyo., 507 P.2d 1, 5 , certiorari denied 414 U.S. 1022 , 94 S.Ct. 444 , 38 L.Ed.2d 313 ; Bentley v. State, Wyo., 502 P.2d 203, 206 ; Reeder v. State, Wyo., 515 P.2d 969, 971-972 , mandamus denied 419 U.S. 1018 , 95 S.Ct. 509 , 42 L.Ed.2d 303 . | 1 | 1975–1975 |
Atkinson v. Southern Express Co.
green
1 sentence1975We have heretofore in several cases called attention to the requirements of Rule 51, supra; Sims v. State, Wyo., 530 P.2d 1176 , 1181— 1182; Heberling v. State, Wyo., 507 P.2d 1, 5 , certiorari denied 414 U.S. 1022 , 94 S.Ct. 444 , 38 L.Ed.2d 313 ; Bentley v. State, Wyo., 502 P.2d 203, 206 ; Reeder v. State, Wyo., 515 P.2d 969, 971-972 , mandamus denied 419 U.S. 1018 , 95 S.Ct. 509 , 42 L.Ed.2d 303 . | 1 | 1975–1975 |
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.