concomitant waiver (Connecticut) · Go Syfert
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concomitant waiver in Connecticut

8 Connecticut opinions name it 2 courts 1963–2022 1 in the last five years

The cases below were cited by Connecticut 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
United States v. Larry Allen Myersgreen
ca5 · 1977 · cited in 1 Connecticut opinions naming this issue, 2022–2022
1 sentence

2022The reason for this rule is that it is likely that the defendant will be seriously prejudiced by the admission of evidence indicating that he has committed other crimes.’’ United States v. Myers, 550 F.2d 1036, 1044 (5th Cir. 1977). 3 Unlike the situation in the present case, in which the court determined the admissibility of the prior misconduct evidence before the start of evi- dence, other jurisdictions resolve this issue after the close of the state’s case-in-chief.

11
Clayton v. Stategreen
alaska · 1979 · cited in 1 Connecticut opinions naming this issue, 2016–2016
1 sentence

2016Specifically, the phrase ‘‘places of business’’ has been construed to include: parcels of land owned by third parties, for harvesters of timber; Clayton v. State, 598 P.2d 84, 86 (Alaska 1979); McPherson Timberlands, Inc. v. Unemployment Ins.

11
Patterson v. Illinoisgreen
scotus · 1988 · cited in 1 Connecticut opinions naming this issue, 2011–2011
2 sentences

2011In short, constitutional requirements may be satisfied even though a defendant "lacked a full and complete appreciation of all of the consequences flowing from his waiver. . . ." (Internal quotation marks omitted.) Iowa v. Tovar, 541 U.S. 77, 92 , 124 S.Ct. 1379 , 158 L.Ed.2d 209 (2004) (right to counsel); see also Patterson v. Illinois, 487 U.S. 285, 294 , 108 S.Ct. 2389 , 101 L.Ed.2d 261 (1988) (same).

2011In short, constitutional requirements may be satisfied even though a defendant "lacked a full and complete appreciation of all of the consequences flowing from his waiver. . . ." (Internal quotation marks omitted.) Iowa v. Tovar, 541 U.S. 77, 92 , 124 S.Ct. 1379 , 158 L.Ed.2d 209 (2004) (right to counsel); see also Patterson v. Illinois, 487 U.S. 285, 294 , 108 S.Ct. 2389 , 101 L.Ed.2d 261 (1988) (same).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (11)

CaseCitedYears
Iowa v. Tovar green
scotus · 2004
2 sentences

2011In short, constitutional requirements may be satisfied even though a defendant "lacked a full and complete appreciation of all of the consequences flowing from his waiver. . . ." (Internal quotation marks omitted.) Iowa v. Tovar, 541 U.S. 77, 92 , 124 S.Ct. 1379 , 158 L.Ed.2d 209 (2004) (right to counsel); see also Patterson v. Illinois, 487 U.S. 285, 294 , 108 S.Ct. 2389 , 101 L.Ed.2d 261 (1988) (same).

2011In short, constitutional requirements may be satisfied even though a defendant "lacked a full and complete appreciation of all of the consequences flowing from his waiver. . . ." (Internal quotation marks omitted.) Iowa v. Tovar, 541 U.S. 77, 92 , 124 S.Ct. 1379 , 158 L.Ed.2d 209 (2004) (right to counsel); see also Patterson v. Illinois, 487 U.S. 285, 294 , 108 S.Ct. 2389 , 101 L.Ed.2d 261 (1988) (same).

12011–2011
United States v. Ruiz green
scotus · 2002
2 sentences

2011Thus, the United States Supreme Court repeatedly has rejected challenges to the validity of guilty pleas, with the concomitant waiver of multiple constitutional rights, based on claims that defendants harbored "various forms of misapprehension.. . ." [25] Id., at 630 , 122 S.Ct. 2450 .

2011Thus, the United States Supreme Court repeatedly has rejected challenges to the validity of guilty pleas, with the concomitant waiver of multiple constitutional rights, based on claims that defendants harbored "various forms of misapprehension.. . ." [25] Id., at 630 , 122 S.Ct. 2450 .

12011–2011
State v. Ruscoe green
conn · 1989
2 sentences

2004The warrant need not “enable authorities to minutely identify every item for which they are searching.” (Internal quotation marks omitted.) State v. Ruscoe, 212 Conn. 223, 234 , 563 A.2d 267 (1989), cert. denied, 493 U.S. 1084 , 110 S. Ct. 1144 , 107 L.

2004The warrant need not “enable authorities to minutely identify every item for which they are searching.” (Internal quotation marks omitted.) State v. Ruscoe, 212 Conn. 223, 234 , 563 A.2d 267 (1989), cert. denied, 493 U.S. 1084 , 110 S. Ct. 1144 , 107 L.

12004–2004
State v. Montgomery green
conn · 2000
2 sentences

2004This principle, which applies in the law of the execution of warrants, is consistent with the concomitant principle, which applies in the law of the validity of warrants, that probable cause is to be determined based on the totality of the circumstances, viewed in a common sense and practical manner.” (Citations omitted; internal quotation marks omitted.) State v. Montgomery, 254 Conn. 694, 704 , 759 A.2d 995 (2000).

2004This principle, which applies in the law of the execution of warrants, is consistent with the concomitant principle, which applies in the law of the validity of warrants, that probable cause is to be determined based on the totality of the circumstances, viewed in a common sense and practical manner.” (Citations omitted; internal quotation marks omitted.) State v. Montgomery, 254 Conn. 694, 704 , 759 A.2d 995 (2000).

12004–2004
Rodriguez v. United States green
scotus · 1990
1 sentence

2004The warrant need not “enable authorities to minutely identify every item for which they are searching.” (Internal quotation marks omitted.) State v. Ruscoe, 212 Conn. 223, 234 , 563 A.2d 267 (1989), cert. denied, 493 U.S. 1084 , 110 S. Ct. 1144 , 107 L.

12004–2004
Ruscoe v. Connecticut green
scotus · 1990
1 sentence

2004The warrant need not “enable authorities to minutely identify every item for which they are searching.” (Internal quotation marks omitted.) State v. Ruscoe, 212 Conn. 223, 234 , 563 A.2d 267 (1989), cert. denied, 493 U.S. 1084 , 110 S. Ct. 1144 , 107 L.

12004–2004
Big Eagle v. United States green
scotus · 1990
1 sentence

2004The warrant need not “enable authorities to minutely identify every item for which they are searching.” (Internal quotation marks omitted.) State v. Ruscoe, 212 Conn. 223, 234 , 563 A.2d 267 (1989), cert. denied, 493 U.S. 1084 , 110 S. Ct. 1144 , 107 L.

12004–2004
Shay v. Rossi green
conn · 2000
2 sentences

2003In modem law, we have explained, “the state’s waiver of its immunity from liability only arises after a prior determination that it has waived its immunity from suit, and that a waiver of immunity from suit does not necessarily imply a waiver of immunity from aU, aspects of liability .” 3 (Emphasis added.) Shay v. Rossi, 253 Conn. 134, 166-67 , 749 A.2d 1147 (2000); accord Lacasse v. Burns, supra, 214 Conn. 469 .

2003In modem law, we have explained, “the state’s waiver of its immunity from liability only arises after a prior determination that it has waived its immunity from suit, and that a waiver of immunity from suit does not necessarily imply a waiver of immunity from aU, aspects of liability .” 3 (Emphasis added.) Shay v. Rossi, 253 Conn. 134, 166-67 , 749 A.2d 1147 (2000); accord Lacasse v. Burns, supra, 214 Conn. 469 .

12003–2003
State v. Sivri green
conn · 1994
2 sentences

2000State v. Sivri, [ 231 Conn. 115, 142 , 646 A.2d 169 (1994)].

2000State v. Sivri, [ 231 Conn. 115, 142 , 646 A.2d 169 (1994)].

12000–2000
State v. Hanna green
conn · 1963
2 sentences

1978As this court said in State v. Hanna, 150 Conn. 457, 470 , 191 A.2d 124 (1968), “[although it is presumed, until the contrary is indicated, that a police officer has acted lawfully . . . this does not raise a concomitant presumption of consent to a search and seizure.” Consent requires an affirmative finding of voluntariness; State v. Hanna, supra, 471 ; and is not established by a mere acquiescence to a claim of lawful authority.

1978As this court said in State v. Hanna, 150 Conn. 457, 470 , 191 A.2d 124 (1968), “[although it is presumed, until the contrary is indicated, that a police officer has acted lawfully . . . this does not raise a concomitant presumption of consent to a search and seizure.” Consent requires an affirmative finding of voluntariness; State v. Hanna, supra, 471 ; and is not established by a mere acquiescence to a claim of lawful authority.

11978–1978
State v. Reynolds green
conn · 1924
2 sentences

1963Although it is presumed, until the contrary is indicated, that a police officer has acted lawfully; State v. Reynolds, 101 Conn. 224, 231 , 125 A. 636 ; this does not raise a concomitant presumption of consent to a search and seizure.

1963Although it is presumed, until the contrary is indicated, that a police officer has acted lawfully; State v. Reynolds, 101 Conn. 224, 231 , 125 A. 636 ; this does not raise a concomitant presumption of consent to a search and seizure.

11963–1963

Where else courts name it

CA 21 (1962–2025) NY 13 (1941–2008) TX 11 (1984–2024) PA 10 (2001–2022) CT 8 (1963–2022) TN 7 (1994–2013) FL 6 (1985–2026) IA 6 (2004–2015) NJ 6 (1902–1996) OR 5 (1991–2019) MD 5 (1975–2016) KS 4 (1948–2021) MI 4 (1979–2024) NM 3 (1997–2004) MO 3 (1971–1991) AZ 3 (1972–1984) OH 3 (1983–1990) MT 3 (2010–2014) GA 3 (1993–2014) DC 2 (1982–1989) WA 2 (1975–1989) MA 2 (1996–2024) RI 2 (1981–1983) IL 2 (1954–1969) DE 2 (2016–2021) AL 2 (2004–2005) WY 2 (2004–2006) ME 2 (1965–1988)

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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