burden of proving both error (Alaska) · Go Syfert
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burden of proving both error in Alaska

7 Alaska opinions name it 2 courts 1975–2022 1 in the last five years

The cases below were cited by Alaska 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
Zerbinos v. Lewisgreen
alaska · 1964 · cited in 5 Alaska opinions naming this issue, 1975–1996
2 sentences

1996Myers v. Robertson, 891 P.2d 199, 208 (Alaska 1995); Zerbinos v. Lewis, 394 P.2d 886, 889-90 (Alaska 1964).

1983First, “There is no doubt that appellant has the burden of proving both error and prejudice,” citing Zerbinos v. Lewis, 394 P.2d 886, 889-90 (Alaska 1964).

55
Poulin v. Zartmangreen
alaska · 1975 · cited in 2 Alaska opinions naming this issue, 1982–1991
2 sentences

1991See Poulin v. Zartman, 542 P.2d 251, 261 (Alaska 1975); Zerbinos v. Lewis, 394 P.2d 886, 889-90 (Alaska 1964).

1982Poulin v. Zartman, 542 P.2d 251, 261 (Alaska 1975), on rehearing, 548 P.2d 1299 (1976); Zerbinos v. Lewis, 394 P.2d 886, 889-90 (Alaska 1964); Alaska R.Civ.P. 61. 6 As we stated in Love v. State, 457 P.2d 622 , 631 n.15 (Alaska 1969): “ ‘[T]he members of this court must necessarily put themselves, as nearly as possible, in the position of the jury in order to determine whether, as reasonable men, the error committed probably affected their verdict.’ ” (quoting State v. Dutton, 318 P.2d 667, 671 (Ariz.1957)).

22
Marron v. Stromstadgreen
alaska · 2005 · cited in 1 Alaska opinions naming this issue, 2022–2022
1 sentence

2022And the trial court, having been in the courtroom with the jurors, was in the best position to determine the prejudice caused by its own error, which it corrected in a reasonable exercise of discretion.50 49 See Marron v. Stromstad, 123 P.3d 992, 1011 (Alaska 2005) (noting that “party requesting a new trial [based on evidence-related error] has the burden of proving both error and prejudice” and that we have “great reluctance to interfere with a [trial] court’s decision to deny a new trial”).

11
Norris v. Norrisgreen
alaska · 2015 · cited in 1 Alaska opinions naming this issue, 2017–2017
1 sentence

2017The party alleging error “bears the burden of proving both error and harm.” Id. at 653 . 9 Norris v. Norris, 345 P.3d 924, 928 (Alaska 2015) (“We review the superior court’s procedural decisions for abuse of discretion.”). 10 The judge explained to Patterson that “it’s appropriate to talk to released jurors.” Likewise, the Alaska Bar Association, in its response to an attorney grievance filed by Patterson, explained that “interview[ing] jurors after their discharge” is “a common practice of trial attorneys” and does not constitute “improper conduct” or “jury (continued...) -3- 1657 4.

11
Myers v. Robertsongreen
alaska · 1995 · cited in 1 Alaska opinions naming this issue, 1996–1996
1 sentence

1996Myers v. Robertson, 891 P.2d 199, 208 (Alaska 1995); Zerbinos v. Lewis, 394 P.2d 886, 889-90 (Alaska 1964).

11
State v. Duttongreen
ariz · 1957 · cited in 1 Alaska opinions naming this issue, 1982–1982
1 sentence

1982Poulin v. Zartman, 542 P.2d 251, 261 (Alaska 1975), on rehearing, 548 P.2d 1299 (1976); Zerbinos v. Lewis, 394 P.2d 886, 889-90 (Alaska 1964); Alaska R.Civ.P. 61. 6 As we stated in Love v. State, 457 P.2d 622 , 631 n.15 (Alaska 1969): “ ‘[T]he members of this court must necessarily put themselves, as nearly as possible, in the position of the jury in order to determine whether, as reasonable men, the error committed probably affected their verdict.’ ” (quoting State v. Dutton, 318 P.2d 667, 671 (Ariz.1957)).

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (3)

CaseCitedYears
Frontier Companies of Alaska, Inc. v. Jack White Co. green
alaska · 1991
1 sentence

2017The party alleging error “bears the burden of proving both error and harm.” Id. at 653 . 9 Norris v. Norris, 345 P.3d 924, 928 (Alaska 2015) (“We review the superior court’s procedural decisions for abuse of discretion.”). 10 The judge explained to Patterson that “it’s appropriate to talk to released jurors.” Likewise, the Alaska Bar Association, in its response to an attorney grievance filed by Patterson, explained that “interview[ing] jurors after their discharge” is “a common practice of trial attorneys” and does not constitute “improper conduct” or “jury (continued...) -3- 1657 4.

12017–2017
Poulin v. Zartman green
alaska · 1976
1 sentence

1982Poulin v. Zartman, 542 P.2d 251, 261 (Alaska 1975), on rehearing, 548 P.2d 1299 (1976); Zerbinos v. Lewis, 394 P.2d 886, 889-90 (Alaska 1964); Alaska R.Civ.P. 61. 6 As we stated in Love v. State, 457 P.2d 622 , 631 n.15 (Alaska 1969): “ ‘[T]he members of this court must necessarily put themselves, as nearly as possible, in the position of the jury in order to determine whether, as reasonable men, the error committed probably affected their verdict.’ ” (quoting State v. Dutton, 318 P.2d 667, 671 (Ariz.1957)).

11982–1982
Love v. State green
alaska · 1969
1 sentence

1982Poulin v. Zartman, 542 P.2d 251, 261 (Alaska 1975), on rehearing, 548 P.2d 1299 (1976); Zerbinos v. Lewis, 394 P.2d 886, 889-90 (Alaska 1964); Alaska R.Civ.P. 61. 6 As we stated in Love v. State, 457 P.2d 622 , 631 n.15 (Alaska 1969): “ ‘[T]he members of this court must necessarily put themselves, as nearly as possible, in the position of the jury in order to determine whether, as reasonable men, the error committed probably affected their verdict.’ ” (quoting State v. Dutton, 318 P.2d 667, 671 (Ariz.1957)).

11982–1982

Where else courts name it

AK 7 (1975–2022) MO 5 (1989–2002) MA 2 (2025–2025)

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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