evidence adduced hearing (District of Columbia) · Go Syfert
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evidence adduced hearing in District of Columbia

8 District of Columbia opinions name it 1 courts 1976–2015 0 in the last five years

The cases below were cited by District of Columbia 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 (8)

CaseFollowedCited
In Re: Adoption/guardianship of Rashawn H.green
md · 2007 · cited in 1 District of Columbia opinions naming this issue, 2015–2015
1 sentence

2015This is not enough to show that the court is applying the law correctly and respecting the presumption in favor of maintaining the parental rights of a fit natural parent.38 Similarly, “proper recognition of the parental presumption requires more than a verbal allowance that the presumption 37 Rashawn H., 937 A.2d at 192 (emphasis in the original); see also In re C.L.O., 41 A.3d 502 , 511 (D.C. 2012) (“The court therefore begins by recognizing the presumption that the child’s best interest will be served by placing the child with his natural parent, provided the parent has not been proven unfi

11
In Re Clogreen
dc · 2012 · cited in 1 District of Columbia opinions naming this issue, 2015–2015
1 sentence

2015This is not enough to show that the court is applying the law correctly and respecting the presumption in favor of maintaining the parental rights of a fit natural parent.38 Similarly, “proper recognition of the parental presumption requires more than a verbal allowance that the presumption 37 Rashawn H., 937 A.2d at 192 (emphasis in the original); see also In re C.L.O., 41 A.3d 502 , 511 (D.C. 2012) (“The court therefore begins by recognizing the presumption that the child’s best interest will be served by placing the child with his natural parent, provided the parent has not been proven unfi

11
Appeal of H.R.green
dc · 1990 · cited in 1 District of Columbia opinions naming this issue, 2015–2015
1 sentence

2015See also footnote 24, supra. 36 Appeal of H.R., 581 A.2d at 1178 (Ferren, J., concurring). 26 for terminating those rights are in proper and harmonious balance.[37] The trial court does not fulfill its responsibility to make express, specific, and well- reasoned findings merely by reciting the evidence adduced at the hearing, cursorily “considering it” with respect to each TPR factor, and then rendering a conclusory, “totality-of-the-circumstances” determination that parental consent should be waived in the child’s best interest.

11
Washington Times v. District of Columbia Department of Employment Servicesgreen
dc · 1999 · cited in 1 District of Columbia opinions naming this issue, 2002–2002
2 sentences

2002See Washington Times, 724 A.2d at 1216 (“When OAR reviews an appeals examiner’s decision, due deference must be accorded [to] the credibility determinations of the examiner who heard and evaluated the evidence”).

2002See Washington Times, 724 A.2d at 1216 ("When OAR reviews an appeals examiner's decision, due deference must be accorded [to] the credibility determinations of the examiner who heard and evaluated the evidence").

11
Colton v. District of Columbia Department of Employment Servicesgreen
dc · 1984 · cited in 1 District of Columbia opinions naming this issue, 1991–1991
1 sentence

1991Specifically, “the decision must state findings of fact on each material, contested factual issue.” Perkins v. District of Columbia Dep’t of Employment Servs., 482 A.2d 401, 402 (D.C.1984). “[A] reiteration of the evidence is *1225 not a finding of fact,” nor “will generalized, conclusory or incomplete findings suffice.” Newsweek Magazine, supra. And when an agency has not provided findings on a material issue, this court “cannot fill the gap by making its own determination from the record, but must remand the case for findings on that issue.” Colton v. District of Columbia Dep’t of Employment

11
Perkins v. District of Columbia Department of Employment Servicesgreen
dc · 1984 · cited in 1 District of Columbia opinions naming this issue, 1991–1991
1 sentence

1991Specifically, “the decision must state findings of fact on each material, contested factual issue.” Perkins v. District of Columbia Dep’t of Employment Servs., 482 A.2d 401, 402 (D.C.1984). “[A] reiteration of the evidence is *1225 not a finding of fact,” nor “will generalized, conclusory or incomplete findings suffice.” Newsweek Magazine, supra. And when an agency has not provided findings on a material issue, this court “cannot fill the gap by making its own determination from the record, but must remand the case for findings on that issue.” Colton v. District of Columbia Dep’t of Employment

11
Newsweek Magazine v. District of Columbia Commission on Human Rightsgreen
dc · 1977 · cited in 1 District of Columbia opinions naming this issue, 1991–1991
1 sentence

1991For this court to perform meaningful review of an agency decision, the administrative findings must “resolve basic issues of fact raised by the evidence adduced at the hearing.” Newsweek Magazine v. District of Columbia Comm’n on Human Rights, 376 A.2d 777, 784 (D.C.) (citation omitted), cert. denied, 434 U.S. 1014 , 98 S.Ct. 729 , 54 L.Ed.2d 758 (1977).

11
Dietrich v. District of Columbia Board of Zoning Adjustmentgreen
dc · 1972 · cited in 1 District of Columbia opinions naming this issue, 1976–1976
1 sentence

1976The findings must support the end result in a discernible manner [Dietrich v. District of Columbia Board of Zoning Adjustment, 293 A.2d 470, 473 (D.C.App.1972); citations omitted.] Unfortunately, the Commission’s findings are inadequate for a meaningful review in this case because they do not, as they should, resolve the basic issues of fact raised by the evidence adduced at the hearing.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (8)

CaseCitedYears
Austin National Bank v. Norton green
scotus · 1978
1 sentence

1991For this court to perform meaningful review of an agency decision, the administrative findings must “resolve basic issues of fact raised by the evidence adduced at the hearing.” Newsweek Magazine v. District of Columbia Comm’n on Human Rights, 376 A.2d 777, 784 (D.C.) (citation omitted), cert. denied, 434 U.S. 1014 , 98 S.Ct. 729 , 54 L.Ed.2d 758 (1977).

11991–1991
Murray v. Wagle green
scotus · 1978
1 sentence

1991For this court to perform meaningful review of an agency decision, the administrative findings must “resolve basic issues of fact raised by the evidence adduced at the hearing.” Newsweek Magazine v. District of Columbia Comm’n on Human Rights, 376 A.2d 777, 784 (D.C.) (citation omitted), cert. denied, 434 U.S. 1014 , 98 S.Ct. 729 , 54 L.Ed.2d 758 (1977).

11991–1991
Bowen v. District of Columbia Department of Employment Services green
dc · 1985
2 sentences

1986It is well settled that “OAR must base its decision solely on the record that was made before the appeals examiner; it is not empowered to receive additional evidence.” Bowen, supra, 486 A.2d at 698 (citing D.C.

1986It is well settled that “OAR must base its decision solely on the record that was made before the appeals examiner; it is not empowered to receive additional evidence.” Bowen, supra, 486 A.2d at 698 (citing D.C.

11986–1986
Stovall v. Denno green
scotus · 1967
2 sentences

1985The court found that the out of court identifications were “about as reliable as these things can be.” In Patterson v. United States, 384 A.2d 663 (D.C.1978), we stated that a challenge to identification procedures under the principles set down by the Supreme Court in Stovall v. Denno, 388 U.S. 293, 302 , 87 S.Ct. 1969 , 1972, 18 L.Ed.2d 1199 (1967), can involve a two-part inquiry: (1) Was the identification procedure “unnecessarily suggestive and conducive to irreparable misidentification” ? ; (2) If so, given the “totality of the circumstances,” was the resulting identification reliable none

1985The court found that the out of court identifications were “about as reliable as these things can be.” In Patterson v. United States, 384 A.2d 663 (D.C.1978), we stated that a challenge to identification procedures under the principles set down by the Supreme Court in Stovall v. Denno, 388 U.S. 293, 302 , 87 S.Ct. 1969 , 1972, 18 L.Ed.2d 1199 (1967), can involve a two-part inquiry: (1) Was the identification procedure “unnecessarily suggestive and conducive to irreparable misidentification” ? ; (2) If so, given the “totality of the circumstances,” was the resulting identification reliable none

11985–1985
Patterson v. United States green
dc · 1978
1 sentence

1985The court found that the out of court identifications were “about as reliable as these things can be.” In Patterson v. United States, 384 A.2d 663 (D.C.1978), we stated that a challenge to identification procedures under the principles set down by the Supreme Court in Stovall v. Denno, 388 U.S. 293, 302 , 87 S.Ct. 1969 , 1972, 18 L.Ed.2d 1199 (1967), can involve a two-part inquiry: (1) Was the identification procedure “unnecessarily suggestive and conducive to irreparable misidentification” ? ; (2) If so, given the “totality of the circumstances,” was the resulting identification reliable none

11985–1985
Communications Workers v. District of Columbia Commission on Human Rights green
dc · 1976
1 sentence

1977The division there said: “Unfortunately, the Commission’s findings are inadequate for a meaningful review in this case because they do not, as they should, resolve the basic issues of fact raised by the evidence adduced at the hearing.” 367 A.2d at 152 .

11977–1977
Mumma v. Mumma green
dc · 1971
1 sentence

1976See O’Meara v. O’Meara, D.C.App., 355 A.2d 651 (1976); Mumma v. Mumma, D.C.App., 280 A.2d 73 (1971).

11976–1976
Miller v. District of Columbia Commission on Human Rights green
dc · 1975
1 sentence

1976Miller v. District of Columbia Commission on Human Rights, D.C.App., 339 A.2d 715 (1975).

11976–1976

Where else courts name it

NY 555 (1936–2026) TX 128 (1916–2024) LA 109 (1925–2025) GA 89 (1904–2021) OH 69 (1925–2024) IL 61 (1913–2025) CA 58 (1914–2026) MO 25 (1960–2023) VA 23 (1992–2020) FL 21 (1955–2019) AL 20 (1891–2015) PA 19 (1900–2022) CT 15 (1975–2015) TN 13 (1997–2022) NC 11 (1936–2021) IN 11 (1909–2015) NJ 9 (1960–2026) CO 8 (1980–2024) NE 8 (1898–2021) DC 8 (1976–2015) MA 7 (1945–2025) AZ 7 (1965–1998) AR 6 (1903–1997) WV 6 (1933–1989) RI 6 (1967–2023) MN 5 (1936–1989) OK 5 (1958–2024) MD 5 (1975–2013) WA 5 (1939–2020) KS 5 (1906–2020) WY 5 (1941–2008) ID 5 (1952–1978) ME 4 (1993–2021) NM 4 (1981–1990) IA 4 (1932–1978) MS 4 (1973–1997) HI 4 (1953–2024) MI 3 (1983–2024) NV 3 (1938–1994) OR 3 (1972–2008) WI 2 (1972–1984) MT 2 (1928–1935) KY 2 (1967–2024) ND 2 (1955–1963) DE 2 (1921–2020)

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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