response defense (District of Columbia) · Go Syfert
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response defense in District of Columbia

8 District of Columbia opinions name it 1 courts 1978–2015 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
Watts v. United Statesgreen
dc · 1982 · cited in 3 District of Columbia opinions naming this issue, 1985–2015
2 sentences

2015Dyson v. United States, 450 A.2d 432, 442 (D.C.1982); see also Tillman v. United States, 487 A.2d 1152, 1154 (D.C.1985) (“the prosecutor acted properly by pointing out in rebuttal that counsel’s theory was not supported by any evidence”); Watts v. United States, 449 A.2d 308, 313 (D.C.1982) ("the prosecutor’s comment was a response to defense counsel’s speculation ... and it is likely that the jury perceived it as such”). 58 .

1985In Watts v. United States, 449 A.2d 308 (D.C.1982), on a similar record, we rejected a Griffin-based argument that the prosecutor had commented on the defendant’s failure to testify, holding that “the prosecutor’s comment was a response to defense counsel’s speculation ... and it is likely that the jury perceived it as such, rather than as a reference to appellants’ silence.” Id. at 313 (citations omitted).

33
Tillman v. United Statesgreen
dc · 1985 · cited in 1 District of Columbia opinions naming this issue, 2015–2015
1 sentence

2015Dyson v. United States, 450 A.2d 432, 442 (D.C.1982); see also Tillman v. United States, 487 A.2d 1152, 1154 (D.C.1985) (“the prosecutor acted properly by pointing out in rebuttal that counsel’s theory was not supported by any evidence”); Watts v. United States, 449 A.2d 308, 313 (D.C.1982) ("the prosecutor’s comment was a response to defense counsel’s speculation ... and it is likely that the jury perceived it as such”). 58 .

11
Dyson v. United Statesgreen
dc · 1982 · cited in 1 District of Columbia opinions naming this issue, 2015–2015
1 sentence

2015Dyson v. United States, 450 A.2d 432, 442 (D.C.1982); see also Tillman v. United States, 487 A.2d 1152, 1154 (D.C.1985) (“the prosecutor acted properly by pointing out in rebuttal that counsel’s theory was not supported by any evidence”); Watts v. United States, 449 A.2d 308, 313 (D.C.1982) ("the prosecutor’s comment was a response to defense counsel’s speculation ... and it is likely that the jury perceived it as such”). 58 .

11
Hinkel v. United Statesgreen
dc · 1988 · cited in 1 District of Columbia opinions naming this issue, 1990–1990
1 sentence

1990The prosecutor’s statement about Melvin Walker was a proper response to defense counsel’s impeachment of Mr. Walker with prior inconsistent statements to the police and cross-examination which attacked Walker's credibility, Hinkel v. United States, 544 A.2d 283, 285-86 (D.C.1988), Hyman, supra, 342 A.2d at 45 .

11
Sherrod v. United Statesgreen
dc · 1984 · cited in 1 District of Columbia opinions naming this issue, 1985–1985
2 sentences

1985See Sherrod, supra, 478 A.2d at 657-58 ; Reed v. United States, 403 A.2d 725, 730 (D.C.1979); Christian v. United *558 States, 394 A.2d 1 , 33 n. 86 (D.C.1978), cert. denied, 442 U.S. 944 , 99 S.Ct. 2889 , 61 L.Ed.2d 315 (1979); Watts v. United States, 449 A.2d 308, 313 (D.C.1982).

1985See Sherrod, supra, 478 A.2d at 657-58 ; Reed v. United States, 403 A.2d 725, 730 (D.C.1979); Christian v. United *558 States, 394 A.2d 1 , 33 n. 86 (D.C.1978), cert. denied, 442 U.S. 944 , 99 S.Ct. 2889 , 61 L.Ed.2d 315 (1979); Watts v. United States, 449 A.2d 308, 313 (D.C.1982).

11
Reed v. United Statesgreen
dc · 1979 · cited in 1 District of Columbia opinions naming this issue, 1985–1985
1 sentence

1985See Sherrod, supra, 478 A.2d at 657-58 ; Reed v. United States, 403 A.2d 725, 730 (D.C.1979); Christian v. United *558 States, 394 A.2d 1 , 33 n. 86 (D.C.1978), cert. denied, 442 U.S. 944 , 99 S.Ct. 2889 , 61 L.Ed.2d 315 (1979); Watts v. United States, 449 A.2d 308, 313 (D.C.1982).

11
Byrd v. United Statesgreen
dc · 1976 · cited in 1 District of Columbia opinions naming this issue, 1982–1982
1 sentence

1982See Byrd, supra at 1218 ; United States v. Harris, 201 U.S.App.D.C. 15, 17 , 627 F.2d 474, 476 , cert. denied, 449 U.S. 961 , 101 S.Ct. 375 , 66 L.Ed.2d 229 (1980).

11
Clarke v. District of Columbiagreen
dc · 1973 · cited in 1 District of Columbia opinions naming this issue, 1978–1978
1 sentence

1978Proof of favorable termination is merely a plaintiff’s response to a claim of privilege based on probable cause. *199 The gist of any complaint for false arrest or false imprisonment is an unlawful detention and that being shown the burden is imposed upon the defendant to establish that there was probable cause for the arrest . ****** [T]he absence of probable cause for her arrest was not an essential element of appellant’s proof, but was rather simply a matter of defense to the allegations of the complaint. . . . [Clarke v. District of Columbia, D.C.App., 311 A.2d 508, 511 (1973).] Accordingl

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 (12)

CaseCitedYears
United States v. Young green
scotus · 1985
2 sentences

2015United States v. Young, 470 U.S. 1, 11 , 105 S.Ct. 1038 , 84 L.Ed.2d 1 (1985). 59 .

2015United States v. Young, 470 U.S. 1, 11 , 105 S.Ct. 1038 , 84 L.Ed.2d 1 (1985). 59 .

12015–2015
Kotteakos v. United States green
scotus · 1946
2 sentences

2013The government argues that the less-stringent test of Kotteakos v. United States, 328 U.S. 750, 765 , 66 S.Ct. 1239 , 90 L.Ed. 1557 (1946) applies, i.e., whether we can “say, with fair assurance, after pondering all that happened without stripping the erroneous action from the whole, that the judgment was not substantially swayed by the error.” Our resolution of the issue is as follows: The jury’s question appeared to ask whether appellant could be convicted solely on the basis of something he did on Q Street after the robbery.

2013The government argues that the less-stringent test of Kotteakos v. United States, 328 U.S. 750, 765 , 66 S.Ct. 1239 , 90 L.Ed. 1557 (1946) applies, i.e., whether we can “say, with fair assurance, after pondering all that happened without stripping the erroneous action from the whole, that the judgment was not substantially swayed by the error.” Our resolution of the issue is as follows: The jury’s question appeared to ask whether appellant could be convicted solely on the basis of something he did on Q Street after the robbery.

12013–2013
Chapman v. California red
scotus · 1967
2 sentences

2013Appellant argues that the inadequacy of the court’s response was an error of constitutional dimension, requiring us to apply the harmless-beyond-a-reasonable doubt standard articulated in Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967).

2013Appellant argues that the inadequacy of the court’s response was an error of constitutional dimension, requiring us to apply the harmless-beyond-a-reasonable doubt standard articulated in Chapman v. California, 386 U.S. 18 , 87 S.Ct. 824 , 17 L.Ed.2d 705 (1967).

12013–2013
Irick v. United States green
dc · 1989
2 sentences

1990"False exculpatory statements made to law enforcement officers constitute independent circumstantial evidence of guilty consciousness.” Irick v. United States, 565 A.2d 26, 30 n. 8 (D.C.1989) (citations omitted).

1990I believe, however, that Allen's lies and contradictions are an important part of the overall picture in our attempt, from a distance, to assess the overall strength of the case for the prosecution and the response from the defense. [17] "False exculpatory statements made to law enforcement officers constitute independent circumstantial evidence of guilty consciousness." Irick v. United States, 565 A.2d 26 , 30 n. 8 (D.C.1989) (citations omitted).

11990–1990
Hyman v. United States green
dc · 1975
1 sentence

1990The prosecutor’s statement about Melvin Walker was a proper response to defense counsel’s impeachment of Mr. Walker with prior inconsistent statements to the police and cross-examination which attacked Walker's credibility, Hinkel v. United States, 544 A.2d 283, 285-86 (D.C.1988), Hyman, supra, 342 A.2d at 45 .

11990–1990
Christian v. United States green
dc · 1978
1 sentence

1985See Sherrod, supra, 478 A.2d at 657-58 ; Reed v. United States, 403 A.2d 725, 730 (D.C.1979); Christian v. United *558 States, 394 A.2d 1 , 33 n. 86 (D.C.1978), cert. denied, 442 U.S. 944 , 99 S.Ct. 2889 , 61 L.Ed.2d 315 (1979); Watts v. United States, 449 A.2d 308, 313 (D.C.1982).

11985–1985
Haner v. United States green
scotus · 1979
1 sentence

1985See Sherrod, supra, 478 A.2d at 657-58 ; Reed v. United States, 403 A.2d 725, 730 (D.C.1979); Christian v. United *558 States, 394 A.2d 1 , 33 n. 86 (D.C.1978), cert. denied, 442 U.S. 944 , 99 S.Ct. 2889 , 61 L.Ed.2d 315 (1979); Watts v. United States, 449 A.2d 308, 313 (D.C.1982).

11985–1985
Clark v. United States green
scotus · 1979
1 sentence

1985See Sherrod, supra, 478 A.2d at 657-58 ; Reed v. United States, 403 A.2d 725, 730 (D.C.1979); Christian v. United *558 States, 394 A.2d 1 , 33 n. 86 (D.C.1978), cert. denied, 442 U.S. 944 , 99 S.Ct. 2889 , 61 L.Ed.2d 315 (1979); Watts v. United States, 449 A.2d 308, 313 (D.C.1982).

11985–1985
United States v. John Harris, Jr. green
cadc · 1980
2 sentences

1982See Byrd, supra at 1218 ; United States v. Harris, 201 U.S.App.D.C. 15, 17 , 627 F.2d 474, 476 , cert. denied, 449 U.S. 961 , 101 S.Ct. 375 , 66 L.Ed.2d 229 (1980).

1982See Byrd, supra at 1218 ; United States v. Harris, 201 U.S.App.D.C. 15, 17 , 627 F.2d 474, 476 , cert. denied, 449 U.S. 961 , 101 S.Ct. 375 , 66 L.Ed.2d 229 (1980).

11982–1982
Salinas v. United States green
scotus · 1980
1 sentence

1982See Byrd, supra at 1218 ; United States v. Harris, 201 U.S.App.D.C. 15, 17 , 627 F.2d 474, 476 , cert. denied, 449 U.S. 961 , 101 S.Ct. 375 , 66 L.Ed.2d 229 (1980).

11982–1982
McDonald v. Smith green
scotus · 1980
1 sentence

1982See Byrd, supra at 1218 ; United States v. Harris, 201 U.S.App.D.C. 15, 17 , 627 F.2d 474, 476 , cert. denied, 449 U.S. 961 , 101 S.Ct. 375 , 66 L.Ed.2d 229 (1980).

11982–1982
Tecumseh v. United States green
scotus · 1980
1 sentence

1982See Byrd, supra at 1218 ; United States v. Harris, 201 U.S.App.D.C. 15, 17 , 627 F.2d 474, 476 , cert. denied, 449 U.S. 961 , 101 S.Ct. 375 , 66 L.Ed.2d 229 (1980).

11982–1982

Where else courts name it

NY 82 (1979–2024) TX 76 (1984–2026) IL 49 (1973–2026) CA 36 (1884–2025) MI 27 (1980–2026) PA 22 (1990–2025) MA 20 (1985–2025) AL 18 (1916–2013) OK 15 (1938–2011) MD 14 (1968–2021) CO 13 (2005–2026) GA 12 (1981–2026) FL 11 (1928–2025) NJ 10 (1970–2022) CT 9 (1985–2016) DC 8 (1978–2015) WI 8 (1979–2025) OH 8 (1982–2026) MS 7 (1987–2015) WA 7 (2006–2026) OR 5 (1985–2015) UT 5 (1991–2019) KS 5 (1995–2020) MO 5 (1983–2018) AK 4 (1977–2022) TN 4 (1979–2026) ID 4 (2001–2014) ND 4 (1994–2014) MN 3 (1979–2017) IN 3 (1977–2008) LA 3 (1997–1999) WY 2 (1987–2018) VT 2 (2017–2019) NM 2 (2003–2017) KY 2 (2006–2006) NC 2 (1883–2013)

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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