8 Maine opinions name it 1 courts 1975–2021 1 in the last five years
The cases below were cited by Maine 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.
| Case | Followed | Cited |
|---|---|---|
Iowa v. Tovargreen2 sentences2016See Tovar, 541 U.S. at 88 , 124 S.Ct. 1379 . [¶ 23] The Supreme Court has made clear that when an unrepresented defendant who has the right to counsel enters a guilty plea, “‘a less searching or formal colloquy [regarding the waiver] may suf fice’ ” to establish a waiver of that right, compared to a more extensive warning needed for an unrepresented defendant who proceeds to trial. 2016See Tovar, 541 U.S. at 88 , 124 S.Ct. 1379 . [¶ 23] The Supreme Court has made clear that when an unrepresented defendant who has the right to counsel enters a guilty plea, “‘a less searching or formal colloquy [regarding the waiver] may suf fice’ ” to establish a waiver of that right, compared to a more extensive warning needed for an unrepresented defendant who proceeds to trial. | 1 | 1 |
United States v. Joseph E. Smithgreen2 sentences1984Fed.R.Evid. 803(6). [11] After an extensive analysis of many cases decided under the business records exception, the District of Columbia Circuit Court of Appeals articulated the following rule: Police reports are normally excluded when offered by the party at whose request or on whose behalf they were made but should ordinarily be admitted "when offered by a criminal defendant to support his defense." United States v. Smith, 521 F.2d 957, 965, 967 (D.C.Cir.1975) (emphasis in original). 1984After an extensive analysis of many cases decided under the business records exception, the District of Columbia Circuit Court of Appeals articulated the following rule: Police reports are normally excluded when offered by the party at whose request or on whose behalf they were made but should ordinarily be admitted "when offered by a criminal defendant to support his defense." United States v. Smith, 521 F.2d 957, 965, 967 (D.C.Cir.1975) (emphasis in original). | 1 | 1 |
George v. Guerettegreen1 sentence1980See George v. Guerette, Me., 306 A.2d 138, 144 (1973). | 1 | 1 |
People v. Colarcogreen1 sentence1979For an extensive analysis of the dangers of such cross-examination, see People v. Colarco, 68 App.Div.2d 430, 433, 417 N.Y.S.2d 681, 683 (1979) (Sandler, J., dissenting). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Maine. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Manze v. State Farm Insurance Company.
green
1 sentence2021P. 56(b). [¶15] Because we apply the rule as it is written, consistent with federal precedent, see, e.g., Manze, 817 F.2d at 1066 , and with our own rules for 3 Although the United States Court of Appeals for the Second Circuit in one case held that a voluntary dismissal without prejudice was improper even though no answer or motion for summary judgment had been served, it held so when an extensive hearing had been held at which the merits of the controversy were raised. | 1 | 2021–2021 |
State v. Watson
green
2 sentences2016Watson, 2006 ME 80, ¶ 18 , 900 A.2d 702 , (quoting Tovar, 541 U.S. at 89 , 124 S.Ct. 1379 ). 2016Watson, 2006 ME 80, ¶ 18 , 900 A.2d 702 , (quoting Tovar, 541 U.S. at 89 , 124 S.Ct. 1379 ). | 1 | 2016–2016 |
O'Melveny & Myers v. Federal Deposit Insurance
green
1 sentence1996To create additional ‘federal common-law 5 exceptions is not to ‘supplement’ this scheme, but to alter it.” Id. | 1 | 1996–1996 |
Hilliard v. Wilkinson
green
2 sentences1987This case parallels closely the circumstances addressed by the New York Court of Appeals in In re Storar, 52 N.Y. 2d 363, 376-80 , 420 N.E.2d 64, 70-72 , 438 N.Y.S.2d 266, 272-74 , cert. denied, 454 U.S. 858 , 102 S.Ct. 309 , 70 L.Ed.2d 153 (1981). 1987This case parallels closely the circumstances addressed by the New York Court of Appeals in In re Storar, 52 N.Y. 2d 363, 376-80 , 420 N.E.2d 64, 70-72 , 438 N.Y.S.2d 266, 272-74 , cert. denied, 454 U.S. 858 , 102 S.Ct. 309 , 70 L.Ed.2d 153 (1981). | 1 | 1987–1987 |
Ybarra v. Bastian
green
2 sentences1987This case parallels closely the circumstances addressed by the New York Court of Appeals in In re Storar, 52 N.Y. 2d 363, 376-80 , 420 N.E.2d 64, 70-72 , 438 N.Y.S.2d 266, 272-74 , cert. denied, 454 U.S. 858 , 102 S.Ct. 309 , 70 L.Ed.2d 153 (1981). 1987This case parallels closely the circumstances addressed by the New York Court of Appeals in In re Storar, 52 N.Y. 2d 363, 376-80 , 420 N.E.2d 64, 70-72 , 438 N.Y.S.2d 266, 272-74 , cert. denied, 454 U.S. 858 , 102 S.Ct. 309 , 70 L.Ed.2d 153 (1981). | 1 | 1987–1987 |
Storar v. Storar
green
2 sentences1987This case parallels closely the circumstances addressed by the New York Court of Appeals in In re Storar, 52 N.Y. 2d 363, 376-80 , 420 N.E.2d 64, 70-72 , 438 N.Y.S.2d 266, 272-74 , cert. denied, 454 U.S. 858 , 102 S.Ct. 309 , 70 L.Ed.2d 153 (1981). 1987This case parallels closely the circumstances addressed by the New York Court of Appeals in In re Storar, 52 N.Y. 2d 363, 376-80 , 420 N.E.2d 64, 70-72 , 438 N.Y.S.2d 266, 272-74 , cert. denied, 454 U.S. 858 , 102 S.Ct. 309 , 70 L.Ed.2d 153 (1981). | 1 | 1987–1987 |
Eichner v. Dillon
green
2 sentences1987This case parallels closely the circumstances addressed by the New York Court of Appeals in In re Storar, 52 N.Y. 2d 363, 376-80 , 420 N.E.2d 64, 70-72 , 438 N.Y.S.2d 266, 272-74 , cert. denied, 454 U.S. 858 , 102 S.Ct. 309 , 70 L.Ed.2d 153 (1981). 1987This case parallels closely the circumstances addressed by the New York Court of Appeals in In re Storar, 52 N.Y. 2d 363, 376-80 , 420 N.E.2d 64, 70-72 , 438 N.Y.S.2d 266, 272-74 , cert. denied, 454 U.S. 858 , 102 S.Ct. 309 , 70 L.Ed.2d 153 (1981). | 1 | 1987–1987 |
Wing v. Morse
green
1 sentence1980But, if the claimant’s causative fault is found to be less than the causative fault of the other party, then the damages recoverable in respect to the claimant’s injury under such circumstances shall be reduced, so the statute says, from the total damages which would have been recoverable if the claimant had not been at fault “to such extent as the jury thinks just and equitable having regard to the claimant’s share in the responsibility for the damage.” Fault, within the meaning of the Act, is defined as “negligence, breach of statutory duty or other act or omission which gives rise to a liab | 1 | 1980–1980 |
Davis v. United States
green
2 sentences1975We had the benefit of the present defendant’s extensive analysis of the issues involved, including his analysis of the effect of Davis v. United States, 160 U.S. 469 , 16 S.Ct. 353 , 40 L.Ed. 499 (1895), of Leland v. Oregon, 343 U.S. 790 , 72 S.Ct. 1002 , 96 L.Ed. 1302 (1952), and of In re Winship, supra, during the formulation of our decision in Buzynski. 1975We had the benefit of the present defendant’s extensive analysis of the issues involved, including his analysis of the effect of Davis v. United States, 160 U.S. 469 , 16 S.Ct. 353 , 40 L.Ed. 499 (1895), of Leland v. Oregon, 343 U.S. 790 , 72 S.Ct. 1002 , 96 L.Ed. 1302 (1952), and of In re Winship, supra, during the formulation of our decision in Buzynski. | 1 | 1975–1975 |
Leland v. Oregon
green
2 sentences1975We had the benefit of the present defendant’s extensive analysis of the issues involved, including his analysis of the effect of Davis v. United States, 160 U.S. 469 , 16 S.Ct. 353 , 40 L.Ed. 499 (1895), of Leland v. Oregon, 343 U.S. 790 , 72 S.Ct. 1002 , 96 L.Ed. 1302 (1952), and of In re Winship, supra, during the formulation of our decision in Buzynski. 1975We had the benefit of the present defendant’s extensive analysis of the issues involved, including his analysis of the effect of Davis v. United States, 160 U.S. 469 , 16 S.Ct. 353 , 40 L.Ed. 499 (1895), of Leland v. Oregon, 343 U.S. 790 , 72 S.Ct. 1002 , 96 L.Ed. 1302 (1952), and of In re Winship, supra, during the formulation of our decision in Buzynski. | 1 | 1975–1975 |
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.