individualized inquiry (Colorado) · Go Syfert
← Colorado issues

individualized inquiry in Colorado

8 Colorado opinions name it 2 courts 1987–2020 0 in the last five years

The cases below were cited by Colorado 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 (3)

CaseFollowedCited
People v. Romerogreen
colo · 1987 · cited in 2 Colorado opinions naming this issue, 1987–2002
2 sentences

2002See People v. Romero, 745 P.2d 1003, 1016 (Colo.1987) (holding that the trial court must make an individualized inquiry in each case to determine whether the trial testimony of a witness who has been hypnotized will be sufficiently reliable to qualify for admission).

1987People v. Romero, 745 P.2d 1003 (Colo.1987).

12
State v. Hartgreen
mo · 2013 · cited in 1 Colorado opinions naming this issue, 2014–2014
1 sentence

2014See State v. Hart, 404 S.W.3d 232, 238-39 (Mo.2013). ¶ 24 We acknowledge that the division in People v. Banks, 2012 COA 157 , — P.3d -(cert. granted June 24, 2013), reached a different result.

11
Alperstein v. Three Lakes Water & Sanitation Districtgreen
coloctapp · 1985 · cited in 1 Colorado opinions naming this issue, 2001–2001
1 sentence

2001See Alperstein v. Three Lakes Water & Sanitation District, 710 P.2d 1186 (Colo.App.1985).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (9)

CaseCitedYears
Hagos v. People green
colo · 2012
2 sentences

2020Hagos v. People, 2012 CO 63, ¶ 9 , 288 P.3d 116 , 118–19. ¶57 As pertinent here, structural errors require reversal without an individualized analysis of how the errors impaired the reliability of the judgment of conviction.

2020Hagos v. People, 2012 CO 63, ¶ 9 , 288 P.3d 116 , 118–19. ¶57 As pertinent here, structural errors require reversal without an individualized analysis of how the errors impaired the reliability of the judgment of conviction.

12020–2020
Miller v. Alabama green
scotus · 2012
1 sentence

2015After Miller , sentencing courts must consider "how children are different, and how those differences counsel against irrevocably sentencing them to a lifetime in prison." Id.

12015–2015
Woodson v. North Carolina green
scotus · 1976
2 sentences

1988The first of these requirements arose from Woodson v. North Carolina, 428 U.S. 280 , 96 S.Ct. 2978 , 49 L.Ed.2d 944 (1976).

1988The first of these requirements arose from Woodson v. North Carolina, 428 U.S. 280 , 96 S.Ct. 2978 , 49 L.Ed.2d 944 (1976).

11988–1988
McCleskey v. Kemp green
scotus · 1987
2 sentences

1988In the cases decided after Gregg , the Supreme Court "has imposed a number of requirements on the capital sentencing process to ensure that capital sentencing decisions rest on the individualized inquiry contemplated in Gregg . " McCleskey v. Kemp, ___ U.S. ___, 107 S.Ct. 1756, 1772 , 95 L.Ed.2d 262 (1987).

1988In the cases decided after Gregg , the Supreme Court "has imposed a number of requirements on the capital sentencing process to ensure that capital sentencing decisions rest on the individualized inquiry contemplated in Gregg . " McCleskey v. Kemp, ___ U.S. ___, 107 S.Ct. 1756, 1772 , 95 L.Ed.2d 262 (1987).

11988–1988
Chester Lee Wicker v. O.L. McCotter Director, Texas Department of Corrections green
ca5 · 1986
2 sentences

1987Other courts have allowed witnesses to testify both to prehyp-notic and posthypnotic recollections if the hypnosis was conducted in accordance with certain specific safeguards calculated to ensure the reliability of the hypnotic procedure, see, e.g., State v. Hurd, 86 N.J. 525 , 432 A.2d 86 (1981), or if the trial court has made an individualized inquiry in each case and determined that the testimony is reliable, see, e.g., McQueen v. Garrison, 814 F.2d 951 (4th Cir.1987); Wicker v. McCotter, 783 F.2d 487 (5th Cir.), cert, denied, — U.S. -, 106 S.Ct. 3310 , 92 L.Ed.2d 723 (1986); State v. Iwak

1987Other courts have allowed witnesses to testify both to prehypnotic and posthypnotic recollections if the hypnosis was conducted in accordance with certain specific safeguards calculated to ensure the reliability of the hypnotic procedure, see, e.g., State v. Hurd, 86 N.J. 525 , 432 A.2d 86 (1981), or if the trial court has made an individualized inquiry in each case and determined that the testimony is reliable, see, e.g., McQueen v. Garrison, 814 F.2d 951 (4th Cir.1987); Wicker v. McCotter, 783 F.2d 487 (5th Cir.), cert. denied, ___ U.S. ___, 106 S.Ct. 3310 , 92 L.Ed.2d 723 (1986); State v. I

11987–1987
Roger Lee McQueen v. Samuel P. Garrison Attorney General of North Carolina, Rufus Edmisten green
ca4 · 1987
2 sentences

1987Other courts have allowed witnesses to testify both to prehyp-notic and posthypnotic recollections if the hypnosis was conducted in accordance with certain specific safeguards calculated to ensure the reliability of the hypnotic procedure, see, e.g., State v. Hurd, 86 N.J. 525 , 432 A.2d 86 (1981), or if the trial court has made an individualized inquiry in each case and determined that the testimony is reliable, see, e.g., McQueen v. Garrison, 814 F.2d 951 (4th Cir.1987); Wicker v. McCotter, 783 F.2d 487 (5th Cir.), cert, denied, — U.S. -, 106 S.Ct. 3310 , 92 L.Ed.2d 723 (1986); State v. Iwak

1987Other courts have allowed witnesses to testify both to prehypnotic and posthypnotic recollections if the hypnosis was conducted in accordance with certain specific safeguards calculated to ensure the reliability of the hypnotic procedure, see, e.g., State v. Hurd, 86 N.J. 525 , 432 A.2d 86 (1981), or if the trial court has made an individualized inquiry in each case and determined that the testimony is reliable, see, e.g., McQueen v. Garrison, 814 F.2d 951 (4th Cir.1987); Wicker v. McCotter, 783 F.2d 487 (5th Cir.), cert. denied, ___ U.S. ___, 106 S.Ct. 3310 , 92 L.Ed.2d 723 (1986); State v. I

11987–1987
State v. Iwakiri green
idaho · 1984
2 sentences

1987Other courts have allowed witnesses to testify both to prehypnotic and posthypnotic recollections if the hypnosis was conducted in accordance with certain specific safeguards calculated to ensure the reliability of the hypnotic procedure, see, e.g., State v. Hurd, 86 N.J. 525 , 432 A.2d 86 (1981), or if the trial court has made an individualized inquiry in each case and determined that the testimony is reliable, see, e.g., McQueen v. Garrison, 814 F.2d 951 (4th Cir.1987); Wicker v. McCotter, 783 F.2d 487 (5th Cir.), cert. denied, ___ U.S. ___, 106 S.Ct. 3310 , 92 L.Ed.2d 723 (1986); State v. I

1987Other courts have allowed witnesses to testify both to prehypnotic and posthypnotic recollections if the hypnosis was conducted in accordance with certain specific safeguards calculated to ensure the reliability of the hypnotic procedure, see, e.g., State v. Hurd, 86 N.J. 525 , 432 A.2d 86 (1981), or if the trial court has made an individualized inquiry in each case and determined that the testimony is reliable, see, e.g., McQueen v. Garrison, 814 F.2d 951 (4th Cir.1987); Wicker v. McCotter, 783 F.2d 487 (5th Cir.), cert. denied, ___ U.S. ___, 106 S.Ct. 3310 , 92 L.Ed.2d 723 (1986); State v. I

11987–1987
State v. Hurd green
nj · 1981
2 sentences

1987Other courts have allowed witnesses to testify both to prehypnotic and posthypnotic recollections if the hypnosis was conducted in accordance with certain specific safeguards calculated to ensure the reliability of the hypnotic procedure, see, e.g., State v. Hurd, 86 N.J. 525 , 432 A.2d 86 (1981), or if the trial court has made an individualized inquiry in each case and determined that the testimony is reliable, see, e.g., McQueen v. Garrison, 814 F.2d 951 (4th Cir.1987); Wicker v. McCotter, 783 F.2d 487 (5th Cir.), cert. denied, ___ U.S. ___, 106 S.Ct. 3310 , 92 L.Ed.2d 723 (1986); State v. I

1987Other courts have allowed witnesses to testify both to prehypnotic and posthypnotic recollections if the hypnosis was conducted in accordance with certain specific safeguards calculated to ensure the reliability of the hypnotic procedure, see, e.g., State v. Hurd, 86 N.J. 525 , 432 A.2d 86 (1981), or if the trial court has made an individualized inquiry in each case and determined that the testimony is reliable, see, e.g., McQueen v. Garrison, 814 F.2d 951 (4th Cir.1987); Wicker v. McCotter, 783 F.2d 487 (5th Cir.), cert. denied, ___ U.S. ___, 106 S.Ct. 3310 , 92 L.Ed.2d 723 (1986); State v. I

11987–1987
Sireci v. Florida green
scotus · 1986
2 sentences

1987Other courts have allowed witnesses to testify both to prehyp-notic and posthypnotic recollections if the hypnosis was conducted in accordance with certain specific safeguards calculated to ensure the reliability of the hypnotic procedure, see, e.g., State v. Hurd, 86 N.J. 525 , 432 A.2d 86 (1981), or if the trial court has made an individualized inquiry in each case and determined that the testimony is reliable, see, e.g., McQueen v. Garrison, 814 F.2d 951 (4th Cir.1987); Wicker v. McCotter, 783 F.2d 487 (5th Cir.), cert, denied, — U.S. -, 106 S.Ct. 3310 , 92 L.Ed.2d 723 (1986); State v. Iwak

1987Other courts have allowed witnesses to testify both to prehypnotic and posthypnotic recollections if the hypnosis was conducted in accordance with certain specific safeguards calculated to ensure the reliability of the hypnotic procedure, see, e.g., State v. Hurd, 86 N.J. 525 , 432 A.2d 86 (1981), or if the trial court has made an individualized inquiry in each case and determined that the testimony is reliable, see, e.g., McQueen v. Garrison, 814 F.2d 951 (4th Cir.1987); Wicker v. McCotter, 783 F.2d 487 (5th Cir.), cert. denied, ___ U.S. ___, 106 S.Ct. 3310 , 92 L.Ed.2d 723 (1986); State v. I

11987–1987

Where else courts name it

WA 255 (1984–2026) CA 59 (2003–2026) IA 45 (1995–2025) MA 27 (1993–2025) IL 25 (1988–2025) FL 20 (1993–2026) TX 19 (2004–2025) OH 19 (1999–2022) SC 18 (2014–2026) SD 11 (2003–2026) OR 11 (2013–2024) CT 11 (1999–2025) AL 11 (2003–2011) AZ 10 (1985–2026) NM 9 (1997–2022) CO 8 (1987–2020) PA 8 (1989–2023) NY 8 (1976–2026) MO 6 (1997–2020) DC 6 (2001–2016) KY 6 (2018–2025) NC 5 (1988–2018) MS 5 (2001–2017) IN 4 (2010–2013) MD 4 (2005–2021) AK 4 (1996–2023) AR 4 (2009–2019) GA 4 (2014–2018) OK 4 (2003–2023) UT 4 (2002–2024) MI 4 (2007–2020) LA 3 (1997–2007) WI 3 (2015–2020) NJ 2 (1996–2020) WV 2 (2002–2023) NE 2 (2003–2016) WY 2 (1986–2014) HI 2 (2002–2004) DE 2 (2015–2019)

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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