corresponding federal rule (Idaho) · Go Syfert
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corresponding federal rule in Idaho

8 Idaho opinions name it 2 courts 1994–2019 0 in the last five years

The cases below were cited by Idaho 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 (6)

CaseFollowedCited
State v. CECIL J.green
connappct · 2007 · cited in 1 Idaho opinions naming this issue, 2014–2014
1 sentence

2014Second, the corresponding federal rule of evidence, on which the Idaho rule is based, has been interpreted to refer solely to physical injuries. 3 United States v. Shaw, 824 F.2d 601 , 603 n.2 (8th Cir. 1987), abrogated on other grounds by Idaho v. Wright, 497 U.S. 805 (1990); see also State v. Cecil J., 913 A.2d 505, 514 (Conn. App. Ct. 2007) (psychological trauma not recognized as an “injury” for purposes of similar provision of rape shield statute).

11
Daubert v. Merrell Dow Pharmaceuticals, Inc.green
scotus · 1993 · cited in 1 Idaho opinions naming this issue, 2013–2013
2 sentences

2013Besaw claims error, basing his argument on Kumho Tire Co. v. Carmichael, 526 U.S. 137, 147-49 , 119 S.Ct. 1167, 1174-75 , 143 L.Ed.2d 238, 249-51 (1999), where the United States Supreme Court said that the foundational requirements for scientific testimony laid out in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 588-89 , 113 S.Ct. 2786, 2794-95 , 125 L.Ed.2d 469, 479-80 (1993), extend not just to scientific knowledge but also to technical and “other specialized” knowledge under the corresponding federal rule of evidence.

2013Besaw claims error, basing his argument on Kumho Tire Co. v. Carmichael, 526 U.S. 137, 147-49 , 119 S.Ct. 1167, 1174-75 , 143 L.Ed.2d 238, 249-51 (1999), where the United States Supreme Court said that the foundational requirements for scientific testimony laid out in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 588-89 , 113 S.Ct. 2786, 2794-95 , 125 L.Ed.2d 469, 479-80 (1993), extend not just to scientific knowledge but also to technical and “other specialized” knowledge under the corresponding federal rule of evidence.

11
Kumho Tire Co. v. Carmichaelgreen
scotus · 1999 · cited in 1 Idaho opinions naming this issue, 2013–2013
2 sentences

2013Besaw claims error, basing his argument on Kumho Tire Co. v. Carmichael, 526 U.S. 137, 147-49 , 119 S.Ct. 1167, 1174-75 , 143 L.Ed.2d 238, 249-51 (1999), where the United States Supreme Court said that the foundational requirements for scientific testimony laid out in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 588-89 , 113 S.Ct. 2786, 2794-95 , 125 L.Ed.2d 469, 479-80 (1993), extend not just to scientific knowledge but also to technical and “other specialized” knowledge under the corresponding federal rule of evidence.

2013Besaw claims error, basing his argument on Kumho Tire Co. v. Carmichael, 526 U.S. 137, 147-49 , 119 S.Ct. 1167, 1174-75 , 143 L.Ed.2d 238, 249-51 (1999), where the United States Supreme Court said that the foundational requirements for scientific testimony laid out in Daubert v. Merrell Dow Pharmaceuticals, Inc., 509 U.S. 579, 588-89 , 113 S.Ct. 2786, 2794-95 , 125 L.Ed.2d 469, 479-80 (1993), extend not just to scientific knowledge but also to technical and “other specialized” knowledge under the corresponding federal rule of evidence.

11
United States v. Arch A. Moore, Jr.green
ca4 · 1991 · cited in 1 Idaho opinions naming this issue, 2012–2012
1 sentence

2012A. The District Court’s Application of the Six Factors from Moore In ruling on May’s motion to withdraw his guilty plea, the district court applied the six- factor analysis recognized by the Fourth Circuit Court of Appeals in United States v. Moore, 931 F.2d 245, 248 (4th Cir. 1991) in considering a motion to withdraw a guilty plea under the corresponding federal rule.

11
United States v. Bautistagreen
ca10 · 1998 · cited in 1 Idaho opinions naming this issue, 1999–1999
1 sentence

1999See United States v. Bautista 145 F.3d 1140 (10th Cir.1998); United States v. Keiser, 57 F.3d 847 (9th Cir.1995), cert, denied, Bautista v. United States, 516 U.S. 1029 , 119 S.Ct. 255 , 142 L.Ed.2d 210 (1998); McCormick on Evidence § 193 (John William Strong ed., 4th ed.1992).

11
Crosby v. United Statesgreen
scotus · 1993 · cited in 1 Idaho opinions naming this issue, 1994–1994
2 sentences

1994Crosby v. United States, — U.S.-,-, 113 S.Ct. 748, 751 , 122 L.Ed.2d 25, 31 (1993).

1994Crosby v. United States, — U.S.-,-, 113 S.Ct. 748, 751 , 122 L.Ed.2d 25, 31 (1993).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (9)

CaseCitedYears
State v. Pangborn green
neb · 2013
2 sentences

2019The corresponding federal rule, Rule 611(a) of the Federal Rules of Evidence, has often been cited "as giving courts general discretion over the use of demonstrative exhibits during trial." State v. Pangborn , 286 Neb. 363 , 373, 836 N.W.2d 790 , 799 (2013) (citing to cases from the First, Second, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Circuits). *936 In Pangborn , the Supreme Court of Nebraska performed a lengthy and apt analysis, including an examination of many other jurisdictions, to articulate the rule that "the submission of demonstrative exhibits to the jury during deliberation

2019The corresponding federal rule, Rule 611(a) of the Federal Rules of Evidence, has often been cited "as giving courts general discretion over the use of demonstrative exhibits during trial." State v. Pangborn , 286 Neb. 363 , 373, 836 N.W.2d 790 , 799 (2013) (citing to cases from the First, Second, Fifth, Sixth, Seventh, Eighth, Ninth, and Tenth Circuits). *936 In Pangborn , the Supreme Court of Nebraska performed a lengthy and apt analysis, including an examination of many other jurisdictions, to articulate the rule that "the submission of demonstrative exhibits to the jury during deliberation

12019–2019
Idaho v. Wright green
scotus · 1990
1 sentence

2014Second, the corresponding federal rule of evidence, on which the Idaho rule is based, has been interpreted to refer solely to physical injuries. 3 United States v. Shaw, 824 F.2d 601 , 603 n.2 (8th Cir. 1987), abrogated on other grounds by Idaho v. Wright, 497 U.S. 805 (1990); see also State v. Cecil J., 913 A.2d 505, 514 (Conn. App. Ct. 2007) (psychological trauma not recognized as an “injury” for purposes of similar provision of rape shield statute).

12014–2014
United States v. James Shaw green
ca8 · 1987
1 sentence

2014Second, the corresponding federal rule of evidence, on which the Idaho rule is based, has been interpreted to refer solely to physical injuries. 3 United States v. Shaw, 824 F.2d 601 , 603 n.2 (8th Cir. 1987), abrogated on other grounds by Idaho v. Wright, 497 U.S. 805 (1990); see also State v. Cecil J., 913 A.2d 505, 514 (Conn. App. Ct. 2007) (psychological trauma not recognized as an “injury” for purposes of similar provision of rape shield statute).

12014–2014
Tanner v. United States green
scotus · 1987
1 sentence

2013Tanner, 483 U.S. at 116-27 .

12013–2013
Lee v. Knutson green
msnd · 1986
1 sentence

2002The effect of Rule 26(b)(4) was artfully explained by the United States District Court for the Northern District of Mississippi in Lee v. Knutson, 112 F.R.D. 105 (N.D.Miss.1986), where the court rejected an argument identical to Clark’s with regard to the corresponding federal rule: There is ample authority for the proposition that an expert witness, such as a treating physician, whose entire testimony will be based upon his own examination and treatment of a party, is not subject to the provisions of Rule 26(b)(4).

12002–2002
Kazandjian v. United States green
scotus · 1998
1 sentence

1999See United States v. Bautista 145 F.3d 1140 (10th Cir.1998); United States v. Keiser, 57 F.3d 847 (9th Cir.1995), cert, denied, Bautista v. United States, 516 U.S. 1029 , 119 S.Ct. 255 , 142 L.Ed.2d 210 (1998); McCormick on Evidence § 193 (John William Strong ed., 4th ed.1992).

11999–1999
United States v. Ronald Keiser, Jr. green
ca9 · 1995
1 sentence

1999See United States v. Bautista 145 F.3d 1140 (10th Cir.1998); United States v. Keiser, 57 F.3d 847 (9th Cir.1995), cert, denied, Bautista v. United States, 516 U.S. 1029 , 119 S.Ct. 255 , 142 L.Ed.2d 210 (1998); McCormick on Evidence § 193 (John William Strong ed., 4th ed.1992).

11999–1999
Lovell v. Planters Bank & Trust Co. green
scotus · 1995
1 sentence

1999See United States v. Bautista 145 F.3d 1140 (10th Cir.1998); United States v. Keiser, 57 F.3d 847 (9th Cir.1995), cert, denied, Bautista v. United States, 516 U.S. 1029 , 119 S.Ct. 255 , 142 L.Ed.2d 210 (1998); McCormick on Evidence § 193 (John William Strong ed., 4th ed.1992).

11999–1999
Diaz v. United States green
scotus · 1912
2 sentences

1994This rule, which is virtually identical to the corresponding federal rule, essentially codifies the constitutional principle enunciated in Diaz v. United States, 223 U.S. 442 , 32 S.Ct. *326 250, 56 L.Ed. 500 (1912), that a defendant may waive the right to be present by voluntarily absenting himself during the trial.

1994This rule, which is virtually identical to the corresponding federal rule, essentially codifies the constitutional principle enunciated in Diaz v. United States, 223 U.S. 442 , 32 S.Ct. *326 250, 56 L.Ed. 500 (1912), that a defendant may waive the right to be present by voluntarily absenting himself during the trial.

11994–1994

Where else courts name it

ND 51 (1985–2025) DC 40 (1976–2022) MD 17 (1976–2026) CO 15 (1984–2023) AL 13 (1987–2014) AZ 11 (2002–2024) GA 10 (2020–2025) TN 10 (1977–2018) MA 10 (1979–2025) FL 8 (1963–2017) NC 8 (2009–2026) ID 8 (1994–2019) AK 7 (1981–2025) WA 6 (1987–2017) MN 6 (1954–2014) NE 6 (2003–2023) MI 5 (2000–2025) ME 5 (1968–2021) RI 4 (1999–2008) UT 4 (1984–2022) IN 4 (1996–2019) PA 3 (2001–2006) DE 3 (1988–2022) NM 3 (1991–2007) AR 3 (2001–2002) NH 2 (1995–2013) MS 2 (2011–2016) SC 2 (1987–2002) IA 2 (2017–2021) CA 2 (1978–2001) OH 2 (1983–1986) MP 2 (2024–2024) NJ 2 (1996–2019) VT 2 (2014–2018) PR 2 (1961–1961)

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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