second element doctrine (Wyoming) · Go Syfert
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second element doctrine in Wyoming

9 Wyoming opinions name it 1 courts 1992–2016 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.

Followed or applied (4)

CaseFollowedCited
Coleman v. Stategreen
wyo · 1992 · cited in 3 Wyoming opinions naming this issue, 1997–2007
2 sentences

2007Coleman v. State, 843 P.2d 558, 559-60 (Wyo.1992) (internal citations and footnote omitted).

2006Coleman v. State, 843 P.2d 558, 559-60 (Wyo.1992) (internal citations and footnote omitted).

33
Martin v. Stategreen
wyo · 2007 · cited in 1 Wyoming opinions naming this issue, 2016–2016
2 sentences

2016See Tombroek v. State, 2009 WY 126, ¶ 9 , 217 P.3d 806, 810 (Wyo.2009); Martin v. State, 2007 WY 76, ¶ 27 , 157 P.3d 923, 927 (Wyo.2007) (second element of the test was satisfied because the declarant was subject to cross examination about, the incident). [T100] Under the third element of Rule 801(d)(1)(B), the statements must be "consistent" with the declarant's trial testimony.

2016See Tombroek v. State, 2009 WY 126, ¶ 9 , 217 P.3d 806, 810 (Wyo.2009); Martin v. State, 2007 WY 76, ¶ 27 , 157 P.3d 923, 927 (Wyo.2007) (second element of the test was satisfied because the declarant was subject to cross examination about, the incident). [T100] Under the third element of Rule 801(d)(1)(B), the statements must be "consistent" with the declarant's trial testimony.

11
Tombroek v. Stategreen
wyo · 2009 · cited in 1 Wyoming opinions naming this issue, 2016–2016
2 sentences

2016See Tombroek v. State, 2009 WY 126, ¶ 9 , 217 P.3d 806, 810 (Wyo.2009); Martin v. State, 2007 WY 76, ¶ 27 , 157 P.3d 923, 927 (Wyo.2007) (second element of the test was satisfied because the declarant was subject to cross examination about, the incident). [T100] Under the third element of Rule 801(d)(1)(B), the statements must be "consistent" with the declarant's trial testimony.

2016See Tombroek v. State, 2009 WY 126, ¶ 9 , 217 P.3d 806, 810 (Wyo.2009); Martin v. State, 2007 WY 76, ¶ 27 , 157 P.3d 923, 927 (Wyo.2007) (second element of the test was satisfied because the declarant was subject to cross examination about, the incident). [T100] Under the third element of Rule 801(d)(1)(B), the statements must be "consistent" with the declarant's trial testimony.

11
Birt v. Wells Fargo Home Mortgage, Inc.green
wyo · 2003 · cited in 1 Wyoming opinions naming this issue, 2010–2010
1 sentence

2010Birt v. Wells Fargo Home Mortg., Inc., 2008 WY 102, 128 , 75 P.3d 640, 653 (Wyo.2008).

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 (8)

CaseCitedYears
Loya v. Wyoming Partners of Jackson Hole, Inc. green
wyo · 2001
2 sentences

2004Loya, 2001 WY 124, ¶ 22 , 35 P.3d at 1254 (quoting Worley, 1 P.3d at 624).

2004Loya, 2001 WY 124, ¶ 22 , 35 P.3d at 1254 (quoting Worley, 1 P.3d at 624).

22003–2004
Roussalis v. Wyoming Medical Center, Inc. green
wyo · 2000
1 sentence

2010"The party who is asserting promissory estoppel is assigned the burden of establishing all of the elements of the doctrine with a standard of strict proof." Roussalis, 4 P.3d at 258 , quoting B & W Glass, 829 P.2d at 819 . [127] In addition to establishing the existence of a clear and definite promise, a plaintiff must also show "action or forbearance of a definite and substantial character" to satisfy the second element of the doctrine.

12010–2010
B & W Glass, Inc. v. Weather Shield Mfg., Inc. green
wyo · 1992
1 sentence

2010"The party who is asserting promissory estoppel is assigned the burden of establishing all of the elements of the doctrine with a standard of strict proof." Roussalis, 4 P.3d at 258 , quoting B & W Glass, 829 P.2d at 819 . [127] In addition to establishing the existence of a clear and definite promise, a plaintiff must also show "action or forbearance of a definite and substantial character" to satisfy the second element of the doctrine.

12010–2010
Proffit v. State green
wyo · 2008
1 sentence

2010Birt v. Wells Fargo Home Mortg., Inc., 2008 WY 102, 128 , 75 P.3d 640, 653 (Wyo.2008).

12010–2010
State Department of Revenue & Taxation v. Pacificorp green
wyo · 1994
1 sentence

2004A judgment declaring the regulation invalid would prevent its enforcement and allow Pedro/Aspen to continue to sell property and thus, “have the force and effect of a final judgment in law or decree in equity upon the rights, status or other legal relationships of one or more of the real par *419 ties in interest.” Pacificorp, 872 P.2d at 1168 . [¶ 23] In an apparent effort to show the fourth element (proceedings are genuinely adversary) was not met, Natrona County suggests the matter was not truly adversary because Pedro/Aspen submitted an application in the “spirit of cooperation.” However,

12004–2004
City of Powell v. Busboom green
wyo · 2002
2 sentences

2003Id., 2002 WY 58 , 1 10, 44 P.3d at 66-67 . [T28] In addition to establishing the existence of a clear and definite promise, a plaintiff must also show " 'action or forbearance of a definite and substantial character'" to satisfy the second element of the doctrine.

2003Id., 2002 WY 58 , 1 10, 44 P.3d at 66-67 . [T28] In addition to establishing the existence of a clear and definite promise, a plaintiff must also show " 'action or forbearance of a definite and substantial character'" to satisfy the second element of the doctrine.

12003–2003
Worley v. Wyoming Bottling Co., Inc. green
wyo · 2000
1 sentence

2003Loya, 2001 WY 124, ¶ 22 , 35 P.3d at 1254 (quoting Worley, 1 P.3d at 624 ).

12003–2003
United States v. Stephen Scott Crooker green
ca1 · 1984
1 sentence

1992To prevent a possible deluge of unnecessary court proceedings, the second element of the test allows a trial court to deny a hearing if the defendant’s allegations are contradicted by the record, are inherently unreliable, or are merely conclusions rather than statements of fact. 3 Id.; United States v. Crooker, 729 F.2d 889 (1st Cir.1984).

11992–1992

Where else courts name it

NC 65 (1995–2019) OH 55 (1983–2026) CA 38 (1957–2026) TX 33 (1961–2025) IL 21 (1989–2026) UT 13 (2000–2024) WI 12 (1980–2024) NM 11 (2004–2024) NY 11 (1976–2026) ID 11 (1966–2021) WY 9 (1992–2016) WA 9 (1992–2024) MI 8 (1972–2023) GA 7 (1993–2018) MA 7 (2000–2021) IA 6 (1980–2023) RI 6 (1980–2013) MO 6 (1992–2014) IN 6 (1982–2025) PA 6 (1982–2022) DE 5 (1975–2025) MD 5 (1994–2019) VA 5 (1989–2023) CT 4 (2002–2025) TN 4 (1954–2007) DC 4 (1981–2025) CO 3 (1983–2024) AL 3 (1980–2024) OR 3 (1985–2026) NJ 3 (2010–2021) AZ 3 (2006–2017) ME 2 (2005–2021) FL 2 (1984–2000) SD 2 (1986–2025) LA 2 (2006–2016) ND 2 (1982–2000) HI 2 (1995–1995)

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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