residual exception (Alaska) · Go Syfert
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residual exception in Alaska

8 Alaska opinions name it 2 courts 1972–2021 1 in the last five years

The cases below were cited by Alaska 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
State v. Robinsongreen
minn · 2006 · cited in 1 Alaska opinions naming this issue, 2015–2015
2 sentences

2015See State v. Robinson, 718 N.W.2d 400 , 409 n.4 (Minn. 2006) (“Nor does the residual exception itself prevent us from considering corroborating evidence.

2015See State v. Robinson, 718 N.W.2d 400 , 409 n. 4 (Minn.2006) ("Nor does the residual exception itself prevent us from considering corroborating evidence.

11
Ryan v. Stategreen
alaskactapp · 1995 · cited in 1 Alaska opinions naming this issue, 2004–2004
1 sentence

2004See Ryan, 899 P.2d at 1374 (quoting the first paragraph of the commentary to Alaska Evidence Rule 803(23)) and at 1379.

11
Brandon v. Stategreen
alaskactapp · 1989 · cited in 1 Alaska opinions naming this issue, 1992–1992
1 sentence

1992Brandon v. State, 778 P.2d 221, 227 (Alaska App.1989).

11
Helen L. Huff, Administratrix of the Estate of Jessee Huff, Deceased, Cross-Appellant v. White Motor Corporation, Cross-Appelleegreen
ca7 · 1979 · cited in 1 Alaska opinions naming this issue, 1991–1991
1 sentence

1991That witness can be cross-examined and his credibility thus tested in the same way as that of any other witness.” Huff v. White Motor Corp., 609 F.2d 286, 293 (7th Cir.1979).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (5)

CaseCitedYears
Matter of ASW green
alaska · 1992
1 sentence

2021Evid. 803(23), 804(b)(5) (requiring allowable hearsay to have “circumstantial guarantees of trustworthiness”). 17 Broderick v. King’s Way Assembly of God Church, 808 P.2d 1211 , 1218 n.17 (Alaska 1991). 18 834 P.2d 801 , 802-03 (Alaska 1992). 19 Cf. Broderick, 808 P.2d at 1218 n.17. -13- 7573 hearsay evidence was admitted under a residual exception to the general hearsay rules or under Rule 18(f)’s three-factor test; or how the hearsay evidence was used to support the superior court’s termination findings.

12021–2021
Broderick v. King's Way Assembly of God Church green
alaska · 1991
2 sentences

2021Evid. 803(23), 804(b)(5) (requiring allowable hearsay to have “circumstantial guarantees of trustworthiness”). 17 Broderick v. King’s Way Assembly of God Church, 808 P.2d 1211 , 1218 n.17 (Alaska 1991). 18 834 P.2d 801 , 802-03 (Alaska 1992). 19 Cf. Broderick, 808 P.2d at 1218 n.17. -13- 7573 hearsay evidence was admitted under a residual exception to the general hearsay rules or under Rule 18(f)’s three-factor test; or how the hearsay evidence was used to support the superior court’s termination findings.

2021Evid. 803(23), 804(b)(5) (requiring allowable hearsay to have “circumstantial guarantees of trustworthiness”). 17 Broderick v. King’s Way Assembly of God Church, 808 P.2d 1211 , 1218 n.17 (Alaska 1991). 18 834 P.2d 801 , 802-03 (Alaska 1992). 19 Cf. Broderick, 808 P.2d at 1218 n.17. -13- 7573 hearsay evidence was admitted under a residual exception to the general hearsay rules or under Rule 18(f)’s three-factor test; or how the hearsay evidence was used to support the superior court’s termination findings.

12021–2021
United States v. Salerno green
scotus · 1992
2 sentences

2017Thus, when Wahl argues that Hardwick’s grand jury testimony should have been admitted under the residual clause of Rule 804(b)(5), he is essentially arguing that even when the opposing party did not have a similar motive to develop the person’s‘testimony on the earlier occasion, there are nevertheless situations where the former testimony evidence' has circumstantial guarantees of trustworthiness that are equivalent to the “similar motive” requirement. *424 The United States Supreme Court rejected almost this same argument in United States v. Salerno, 505 U.S. 317 , 112 S.Ct. 2503 , 120 L.Ed.2

2017Thus, when Wahl argues that Hardwick’s grand jury testimony should have been admitted under the residual clause of Rule 804(b)(5), he is essentially arguing that even when the opposing party did not have a similar motive to develop the person’s‘testimony on the earlier occasion, there are nevertheless situations where the former testimony evidence' has circumstantial guarantees of trustworthiness that are equivalent to the “similar motive” requirement. *424 The United States Supreme Court rejected almost this same argument in United States v. Salerno, 505 U.S. 317 , 112 S.Ct. 2503 , 120 L.Ed.2

12017–2017
Greenway v. State green
alaska · 1980
1 sentence

1988The state argues that L.A.’s statements on October 10,1986, should be admissible (1) as a “first complaint” of sexual abuse, Greenway v. State, 626 P.2d 1060 (Alaska 1980); (2) as statements made for medical diagnosis and treatment, A.R.E. 803(4); and (3) under the residual exception to the hearsay rule.

11988–1988
Wellmix, Inc. v. City of Anchorage green
alaska · 1970
1 sentence

1972Moore, Federal Practice § 60.27[1], at 343 (2d ed. 1971) (emphasis in original) . 7 . 471 P.2d 408 (Alaska 1970). 8 .

11972–1972

Where else courts name it

CT 51 (1988–2025) IL 45 (1984–2026) GA 42 (2008–2026) MN 40 (1970–2026) MT 26 (1988–2017) NC 26 (1984–2023) IA 25 (1994–2024) CA 25 (1982–2026) WI 23 (1978–2025) MI 22 (1998–2023) MA 16 (1982–2024) MS 15 (1968–2017) CO 14 (1986–2026) OR 11 (1984–2026) AZ 11 (1974–2024) NJ 10 (1955–2024) UT 10 (2001–2025) WA 10 (1990–2025) NM 10 (1990–2024) NE 10 (1993–2023) PA 9 (2005–2025) AK 8 (1972–2021) KY 8 (1989–2021) SD 8 (1985–2016) MD 8 (1995–2020) DE 7 (1999–2023) ND 7 (2009–2025) KS 7 (1992–2021) TX 6 (2002–2023) RI 6 (1996–2011) WV 5 (1990–2025) NV 5 (1998–2019) IN 5 (2005–2019) OK 4 (1967–2005) FL 4 (1963–2024) AR 4 (1992–2021) MO 4 (2002–2019) ID 3 (1988–2023) DC 3 (2004–2020) OH 2 (2006–2017) VT 2 (2023–2024) NY 2 (1980–1995) AL 2 (1995–2001) TN 2 (2016–2019) LA 2 (1962–1990) VI 2 (2002–2015) WY 2 (2003–2015)

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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