prima facie presumption (Wyoming) · Go Syfert
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prima facie presumption in Wyoming

9 Wyoming opinions name it 1 courts 1961–2026 2 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.

Followed or applied (4)

CaseFollowedCited
White v. Wheelergreen
wyo · 2017 · cited in 1 Wyoming opinions naming this issue, 2019–2019
2 sentences

2019See White, ¶¶ 39–65, 406 P.3d at 1251–56.

2019The court found it undisputed that “over the course of decades, the [three] parcels were used by the owners/lessees of the Burnett Ranch for the occasional grazing of cattle, consistent with cattle grazing over the entirety of the Burnett Ranch.” It found “no evidence to indicate that these disputed parcels were particularly earmarked for cattle grazing—the cattle simply roamed over and onto these unfenced lands as they wandered through the Burnett Ranch” and “[t]here is little or no water for livestock on the disputed parcels.” In a corresponding footnote, the court acknowledged Shane Cross’

11
England v. Ally Ong Hinggreen
ariz · 1969 · cited in 1 Wyoming opinions naming this issue, 2019–2019
1 sentence

2019The court found it undisputed that “over the course of decades, the [three] parcels were used by the owners/lessees of the Burnett Ranch for the occasional grazing of cattle, consistent with cattle grazing over the entirety of the Burnett Ranch.” It found “no evidence to indicate that these disputed parcels were particularly earmarked for cattle grazing—the cattle simply roamed over and onto these unfenced lands as they wandered through the Burnett Ranch” and “[t]here is little or no water for livestock on the disputed parcels.” In a corresponding footnote, the court acknowledged Shane Cross’

11
Cook v. Eddygreen
wyo · 2008 · cited in 1 Wyoming opinions naming this issue, 2017–2017
2 sentences

2017See Cook v. Eddy, 2008 WY 111, ¶ 25 , 193 P.3d 705, 713 (Wyo. 2008) (upholding finding of exclusive possession where record title holder failed to conduct any activities of significance on the property). [¶24] The Whites supported their summary judgment motion with the affidavits of Howard and Joslyn White and their sons, Rives White and Jacques White. 3 With regard to the facts relevant to the Whites’ prima facie claim, each of these affidavits alleged essentially the same facts, so we will use Howard White’s affidavit as our reference. [¶25] On the showing of continuous and exclusive possess

2017See Cook v. Eddy, 2008 WY 111, ¶ 25 , 193 P.3d 705, 713 (Wyo. 2008) (upholding finding of exclusive possession where record title holder failed to conduct any activities of significance on the property). [¶24] The Whites supported their summary judgment motion with the affidavits of Howard and Joslyn White and their sons, Rives White and Jacques White. 3 With regard to the facts relevant to the Whites’ prima facie claim, each of these affidavits alleged essentially the same facts, so we will use Howard White’s affidavit as our reference. [¶25] On the showing of continuous and exclusive possess

11
Espinoza v. Stategreen
wyo · 1998 · cited in 1 Wyoming opinions naming this issue, 2000–2000
1 sentence

2000Espinoza v. State, 969 P.2d 542, 547 (Wyo.1998).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (13)

CaseCitedYears
The State of Wyoming v. Jason Tsosie John green
wyo · 2020
2 sentences

2026Mr. McCalla claims the district court held him to a higher burden of proof when it required him “to proceed first at the hearing by calling witnesses for direct examination, including adverse witnesses, rather than being able to confront those witnesses through cross-examination and test the State’s theory.” He argues that the district court misapplied the procedural framework we adopted in State v. John, 2020 WY 46 , 460 P.3d 1122 (Wyo. 2020), when it concluded his motion to dismiss did not meet his prima facie burden. [¶18] In State v. John, we adopted the procedural framework articulated in

2026Mr. McCalla claims the district court held him to a higher burden of proof when it required him “to proceed first at the hearing by calling witnesses for direct examination, including adverse witnesses, rather than being able to confront those witnesses through cross-examination and test the State’s theory.” He argues that the district court misapplied the procedural framework we adopted in State v. John, 2020 WY 46 , 460 P.3d 1122 (Wyo. 2020), when it concluded his motion to dismiss did not meet his prima facie burden. [¶18] In State v. John, we adopted the procedural framework articulated in

22026–2026
WILLIE JEFFERSON v. STATE OF FLORIDA green
fladistctapp · 2018
2 sentences

2026In Jefferson, the Florida appellate court held an accused establishes a prima facie claim of self-defense immunity merely by alleging a facially sufficient claim of justifiable use of force in a pretrial motion to dismiss. 264 So. 3d at 1028–1029.

2026In Jefferson, the Florida appellate court held an accused establishes a prima facie claim of self-defense immunity merely by alleging a facially sufficient claim of justifiable use of force in a pretrial motion to dismiss. 264 So. 3d at 1028–1029.

22026–2026
Braunstein v. Robinson Family Ltd. Partnership LLP green
wyo · 2010
1 sentence

2017Adverse Possession Elements arid Presumptions [¶17] Adverse possession claims are not favored in the law, Braunstein, j[ 19, 226 P.3d at 836 , and “a presumption in favor of the record title holder exists, unless and until the adverse elaimapt makes, out his prima facie case.” Hillard v. Marshall, 888 P.2d 1266, 1269 (Wyo. 1996).

12017–2017
O'NEAL v. State green
wyo · 1972
1 sentence

1991Usage of a prima facie presumption to accomplish a criminal conviction is seldom appropriate, O’Neal v. State, 498 P.2d 1232 (Wyo.1972); State v. Pressler, 16 Wyo. 214 , 92 P. 806 (1907), and never, in my conception, when emergency driving activities might be required.

11991–1991
Bryant v. State neutral
wyo · 1898
2 sentences

1991Negligence and its more severe subcategory of recklessness encompassing “willful or wanton disregard” are issues of fact which should not be burdened by application of prima facie presumptions. 1 Bryant v. Hornbuckle, 728 P.2d 1132 (Wyo.1986); Timmons v. Reed, 569 P.2d 112 (Wyo.1977); Bryant v. State, 7 Wyo. 311 , 51 P. 879 (1898), reh’g denied 7 Wyo. 311 , 56 P. 596 (1899).

1991Negligence and its more severe subcategory of recklessness encompassing “willful or wanton disregard” are issues of fact which should not be burdened by application of prima facie presumptions. 1 Bryant v. Hornbuckle, 728 P.2d 1132 (Wyo.1986); Timmons v. Reed, 569 P.2d 112 (Wyo.1977); Bryant v. State, 7 Wyo. 311 , 51 P. 879 (1898), reh’g denied 7 Wyo. 311 , 56 P. 596 (1899).

11991–1991
State v. Pressler neutral
· 1907
2 sentences

1991Usage of a prima facie presumption to accomplish a criminal conviction is seldom appropriate, O’Neal v. State, 498 P.2d 1232 (Wyo.1972); State v. Pressler, 16 Wyo. 214 , 92 P. 806 (1907), and never, in my conception, when emergency driving activities might be required.

1991Usage of a prima facie presumption to accomplish a criminal conviction is seldom appropriate, O’Neal v. State, 498 P.2d 1232 (Wyo.1972); State v. Pressler, 16 Wyo. 214 , 92 P. 806 (1907), and never, in my conception, when emergency driving activities might be required.

11991–1991
Timmons v. Reed green
wyo · 1977
1 sentence

1991Negligence and its more severe subcategory of recklessness encompassing “willful or wanton disregard” are issues of fact which should not be burdened by application of prima facie presumptions. 1 Bryant v. Hornbuckle, 728 P.2d 1132 (Wyo.1986); Timmons v. Reed, 569 P.2d 112 (Wyo.1977); Bryant v. State, 7 Wyo. 311 , 51 P. 879 (1898), reh’g denied 7 Wyo. 311 , 56 P. 596 (1899).

11991–1991
Bryant v. Hornbuckle green
wyo · 1986
1 sentence

1991Negligence and its more severe subcategory of recklessness encompassing “willful or wanton disregard” are issues of fact which should not be burdened by application of prima facie presumptions. 1 Bryant v. Hornbuckle, 728 P.2d 1132 (Wyo.1986); Timmons v. Reed, 569 P.2d 112 (Wyo.1977); Bryant v. State, 7 Wyo. 311 , 51 P. 879 (1898), reh’g denied 7 Wyo. 311 , 56 P. 596 (1899).

11991–1991
West v. Costen green
vawd · 1983
1 sentence

1989Costen, 558 F.Supp. 564 .

11989–1989
Pen-Ken Gas & Oil Corp. v. Warfield Natural Gas Co. green
ca6 · 1943
2 sentences

1961In discussing the subject, the court in Pen-Ken Gas & Oil Corporation v. Warfield Natural Gas Co., 6 Cir., 137 F.2d 871, 877 , certiorari denied 320 U.S. 800 , 64 S.Ct. 431 , 88 L.Ed. 483 , said: "Rule 56 is a procedural device for the disposition of cases in which there is no material issue of fact and its purpose is to eliminate the formal trial of cases where only questions of law are involved." The petition in this case charged a wrong against defendants but it also contained a statement of the waiver of a preliminary hearing which under the law applicable in this jurisdiction was a prima

1961In discussing the subject, the court in Pen-Ken Gas & Oil Corporation v. Warfield Natural Gas Co., 6 Cir., 137 F.2d 871, 877 , certiorari denied 320 U.S. 800 , 64 S.Ct. 431 , 88 L.Ed. 483 , said: “Rule 56 is a procedural device for the disposition of cases in which there is no material issue of fact and its purpose is to eliminate the formal trial of cases where only questions of law are involved.” The petition in this case charged a wrong against defendants but it also contained a statement of the waiver of a preliminary hearing which under the law applicable in this jurisdiction was a prima

11961–1961
Adamcik v. Knight neutral
texapp · 1943
1 sentence

1961A typical holding of the minority is Adamcik v. Knight, Tex.Civ.App., 170 S.W.2d 521 , 3 where the court held that proof of ownership of an animal on the highway raises a prima facie presumption of negligence and shifts to the owner the burden of offering evidence.

11961–1961
Wilson Milling Co. v. Commissioner green
scotus · 1944
2 sentences

1961In discussing the subject, the court in Pen-Ken Gas & Oil Corporation v. Warfield Natural Gas Co., 6 Cir., 137 F.2d 871, 877 , certiorari denied 320 U.S. 800 , 64 S.Ct. 431 , 88 L.Ed. 483 , said: "Rule 56 is a procedural device for the disposition of cases in which there is no material issue of fact and its purpose is to eliminate the formal trial of cases where only questions of law are involved." The petition in this case charged a wrong against defendants but it also contained a statement of the waiver of a preliminary hearing which under the law applicable in this jurisdiction was a prima

1961In discussing the subject, the court in Pen-Ken Gas & Oil Corporation v. Warfield Natural Gas Co., 6 Cir., 137 F.2d 871, 877 , certiorari denied 320 U.S. 800 , 64 S.Ct. 431 , 88 L.Ed. 483 , said: “Rule 56 is a procedural device for the disposition of cases in which there is no material issue of fact and its purpose is to eliminate the formal trial of cases where only questions of law are involved.” The petition in this case charged a wrong against defendants but it also contained a statement of the waiver of a preliminary hearing which under the law applicable in this jurisdiction was a prima

11961–1961
Kaiser v. United States green
scotus · 1944
2 sentences

1961In discussing the subject, the court in Pen-Ken Gas & Oil Corporation v. Warfield Natural Gas Co., 6 Cir., 137 F.2d 871, 877 , certiorari denied 320 U.S. 800 , 64 S.Ct. 431 , 88 L.Ed. 483 , said: "Rule 56 is a procedural device for the disposition of cases in which there is no material issue of fact and its purpose is to eliminate the formal trial of cases where only questions of law are involved." The petition in this case charged a wrong against defendants but it also contained a statement of the waiver of a preliminary hearing which under the law applicable in this jurisdiction was a prima

1961In discussing the subject, the court in Pen-Ken Gas & Oil Corporation v. Warfield Natural Gas Co., 6 Cir., 137 F.2d 871, 877 , certiorari denied 320 U.S. 800 , 64 S.Ct. 431 , 88 L.Ed. 483 , said: “Rule 56 is a procedural device for the disposition of cases in which there is no material issue of fact and its purpose is to eliminate the formal trial of cases where only questions of law are involved.” The petition in this case charged a wrong against defendants but it also contained a statement of the waiver of a preliminary hearing which under the law applicable in this jurisdiction was a prima

11961–1961

Where else courts name it

CA 1066 (1887–2026) NJ 749 (1903–2026) TX 336 (1881–2026) NY 308 (1827–2026) PA 296 (1885–2026) AL 270 (1888–2026) MI 249 (1899–2026) WA 193 (1893–2026) IL 180 (1892–2026) OH 166 (1889–2026) NC 163 (1887–2026) IN 147 (1860–2026) MD 123 (1870–2026) TN 123 (1940–2025) WI 101 (1908–2025) IA 100 (1865–2026) LA 99 (1907–2025) VA 99 (1852–2026) FL 93 (1939–2025) GA 87 (1903–2021) MS 76 (1879–2023) MO 65 (1884–2023) NM 51 (1988–2025) KY 51 (1878–2025) WV 46 (1883–2025) MA 44 (1860–2025) ME 44 (1878–2023) CT 43 (1913–2021) OK 40 (1908–2014) AR 40 (1897–2024) CO 37 (1896–2025) AZ 36 (1935–2026) MN 35 (1901–2025) NV 33 (1936–2024) SC 31 (1907–2026) DC 31 (1976–2025) OR 29 (1901–2025) MT 28 (1901–2022) UT 26 (1897–2026) KS 26 (1918–2026) NH 22 (1860–2025) NE 22 (1882–2026) ID 18 (1912–2024) ND 18 (1907–2012) DE 18 (1947–2026) AK 16 (1971–2025) VT 16 (1849–2026) RI 15 (1977–2021) SD 13 (1928–2023) HI 13 (1972–2023) WY 9 (1961–2026) VI 4 (2009–2024) GU 3 (2021–2025)

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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