Bell standard (New York) · Go Syfert
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Bell standard in New York

7 New York opinions name it 4 courts 1982–2017 0 in the last five years

The cases below were cited by New York 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 (2)

CaseFollowedCited
People v. Crimminsgreen
ny · 1975 · cited in 1 New York opinions naming this issue, 2017–2017
1 sentence

2017Allowing the time sheets into evidence was not harmless error because there was “a significant probability . . . that the jury would have acquitted the defendant had it not been for the error” (People v Crimmins, 36 NY2d 230, 242 [1975]).

11
Hiser v. . Davisgreen
ny · 1922 · cited in 1 New York opinions naming this issue, 1982–1982
2 sentences

1982In Hiser v Davis ( 234 NY 300, 305 [1922]), the court, citing Bell , stated that “under the law in this state the word ‘child’ in a statute or will, without any other description, would [not] include an illegitimate child.” Arguably, Bell incorrectly interpreted the Legislature’s intent.

1982In Hiser v Davis ( 234 NY 300, 305 [1922]), the court, citing Bell , stated that “under the law in this state the word ‘child’ in a statute or will, without any other description, would [not] include an illegitimate child.” Arguably, Bell incorrectly interpreted the Legislature’s intent.

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (6)

CaseCitedYears
Bell v. Wolfish green
scotus · 1979
1 sentence

2005A balancing of the four Bell factors shows that the invasion of the defendant’s personal rights as a result of the strip/body cavity search outweighed the need “for the particular search” in this case (Bell v Wolfish, 441 US at 559 ). .

12005–2005
People v. Grow green
nyappdiv · 1998
1 sentence

1999Since it was Officer Schoonmaker’s usual practice to stop all bicyclists without proper equipment, there is a sufficient evidentiary basis for the conclusion that the bicycle violation provided the primary motivation for the stop (People v Grow, supra, at 687 ).

11999–1999
Financial Clearing & Services Corp. v. Theodore neutral
nyappdiv · 1990
1 sentence

1996Corp. v Theodore, 161 AD2d 362 ; Matter of Ricciardi [Travelers Ins.

11996–1996
Zuckerman v. City of New York green
ny · 1980
1 sentence

1993While we are skeptical of Bell’s claim that this lease is valid, we agree with the court that the issue cannot be determined on the basis of the papers submitted and that a hearing is required (see, Zuckerman v City of New York, 49 NY2d 557 ).

11993–1993
Parnell v. Waldrep green
ncwd · 1981
2 sentences

1984We hold, then, in view of the circumstances here, including, in particular, the constant confinement of the detainees in their cell block, that the practice of depriving them of exercise and recreation constitutes punishment under the Bell test and that their rights under the due process clause of the Fourteenth Amendment have been violated (accord Campbell v Cauthron, 623 F2d 503, 507, supra, and Parnell v Waldrep, 511 F Supp 764, 770 , holding that lack of recreation and exercise violates detainees’ Federal due process rights under the Bell standard; and see Lareau v Manson, 651 F2d 96, 100-

1984We hold, then, in view of the circumstances here, including, in particular, the constant confinement of the detainees in their cell block, that the practice of depriving them of exercise and recreation constitutes punishment under the Bell test and that their rights under the due process clause of the Fourteenth Amendment have been violated (accord Campbell v Cauthron, 623 F2d 503, 507, supra, and Parnell v Waldrep, 511 F Supp 764, 770 , holding that lack of recreation and exercise violates detainees’ Federal due process rights under the Bell standard; and see Lareau v Manson, 651 F2d 96, 100-

11984–1984
Cooper v. Morin green
ny · 1979
2 sentences

1984We hold, then, in view of the circumstances here, including, in particular, the constant confinement of the detainees in their cell block, that the practice of depriving them of exercise and recreation constitutes punishment under the Bell test and that their rights under the due process clause of the Fourteenth Amendment have been violated (accord Campbell v Cauthron, 623 F2d 503, 507, supra, and Parnell v Waldrep, 511 F Supp 764, 770 , holding that lack of recreation and exercise violates detainees’ Federal due process rights under the Bell standard; and see Lareau v Manson, 651 F2d 96, 100-

1984We hold, then, in view of the circumstances here, including, in particular, the constant confinement of the detainees in their cell block, that the practice of depriving them of exercise and recreation constitutes punishment under the Bell test and that their rights under the due process clause of the Fourteenth Amendment have been violated (accord Campbell v Cauthron, 623 F2d 503, 507, supra, and Parnell v Waldrep, 511 F Supp 764, 770 , holding that lack of recreation and exercise violates detainees’ Federal due process rights under the Bell standard; and see Lareau v Manson, 651 F2d 96, 100-

11984–1984

Where else courts name it

TX 35 (1961–2020) AL 34 (1992–2013) KY 23 (1840–2026) MS 17 (1993–2025) LA 16 (1980–2023) FL 16 (1974–2025) CA 15 (1931–2022) GA 14 (1992–2025) IL 13 (1978–2018) OH 12 (1997–2026) PA 10 (1986–2024) IN 9 (1990–2024) MO 8 (1963–2024) NY 7 (1982–2017) MD 6 (1994–2023) WI 5 (1984–2026) IA 5 (1985–2022) DC 4 (1986–1996) VA 4 (1996–2012) ID 4 (2013–2023) KS 4 (2008–2018) WA 4 (2013–2024) AR 4 (1996–2025) SC 3 (1996–2025) AZ 3 (1984–1997) NJ 3 (1977–2017) CO 2 (1996–2024) UT 2 (1989–1996) HI 2 (2018–2021) VT 2 (2009–2021) MA 2 (2002–2012) MT 2 (1978–1981) NM 2 (2010–2011) WY 2 (1985–1996)

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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