distinction between waiver (Alaska) · Go Syfert
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distinction between waiver in Alaska

6 Alaska opinions name it 2 courts 1978–2024 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 (8)

CaseFollowedCited
State, Commercial Fisheries Entry Commission v. Carlsongreen
alaska · 2012 · cited in 1 Alaska opinions naming this issue, 2024–2024
1 sentence

2024Fisheries Entry Comm’n v. Carlson, 270 P.3d 755, 760 (Alaska 2012) (quoting Beal v. Beal, 209 P.3d 1012, 1017 (Alaska 2009)). 31 Strong I, 435 P.3d at 875 . 32 Smith v. CSK Auto, Inc., 132 P.3d 818, 821 (2006) (citing Plumber v. Univ. of Alaska Anchorage, 936 P.2d 163, 166 (Alaska 1997)). 33 Strong initially claimed that the superior court “mistakenly held that settlement and stipulation dismissing the 2010 lawsuit with prejudice was a final judgment on the merits.” But he later conceded that the settlement agreement “was a final judgment as to the [Williamses].” Therefore we do not address th

11
Beal v. Bealgreen
alaska · 2009 · cited in 1 Alaska opinions naming this issue, 2024–2024
1 sentence

2024Fisheries Entry Comm’n v. Carlson, 270 P.3d 755, 760 (Alaska 2012) (quoting Beal v. Beal, 209 P.3d 1012, 1017 (Alaska 2009)). 31 Strong I, 435 P.3d at 875 . 32 Smith v. CSK Auto, Inc., 132 P.3d 818, 821 (2006) (citing Plumber v. Univ. of Alaska Anchorage, 936 P.2d 163, 166 (Alaska 1997)). 33 Strong initially claimed that the superior court “mistakenly held that settlement and stipulation dismissing the 2010 lawsuit with prejudice was a final judgment on the merits.” But he later conceded that the settlement agreement “was a final judgment as to the [Williamses].” Therefore we do not address th

11
Plumber v. University of Alaska Anchoragegreen
alaska · 1997 · cited in 1 Alaska opinions naming this issue, 2024–2024
1 sentence

2024Fisheries Entry Comm’n v. Carlson, 270 P.3d 755, 760 (Alaska 2012) (quoting Beal v. Beal, 209 P.3d 1012, 1017 (Alaska 2009)). 31 Strong I, 435 P.3d at 875 . 32 Smith v. CSK Auto, Inc., 132 P.3d 818, 821 (2006) (citing Plumber v. Univ. of Alaska Anchorage, 936 P.2d 163, 166 (Alaska 1997)). 33 Strong initially claimed that the superior court “mistakenly held that settlement and stipulation dismissing the 2010 lawsuit with prejudice was a final judgment on the merits.” But he later conceded that the settlement agreement “was a final judgment as to the [Williamses].” Therefore we do not address th

11
Smith v. CSK Auto, Inc.green
alaska · 2006 · cited in 1 Alaska opinions naming this issue, 2024–2024
1 sentence

2024Fisheries Entry Comm’n v. Carlson, 270 P.3d 755, 760 (Alaska 2012) (quoting Beal v. Beal, 209 P.3d 1012, 1017 (Alaska 2009)). 31 Strong I, 435 P.3d at 875 . 32 Smith v. CSK Auto, Inc., 132 P.3d 818, 821 (2006) (citing Plumber v. Univ. of Alaska Anchorage, 936 P.2d 163, 166 (Alaska 1997)). 33 Strong initially claimed that the superior court “mistakenly held that settlement and stipulation dismissing the 2010 lawsuit with prejudice was a final judgment on the merits.” But he later conceded that the settlement agreement “was a final judgment as to the [Williamses].” Therefore we do not address th

11
Andrew v. Stategreen
alaskactapp · 1985 · cited in 1 Alaska opinions naming this issue, 1986–1986
1 sentence

1986The distinction between waiver and forfeiture, in the context of Alaska R.Crim.P. 45, is discussed at length in Andrew v. State, 694 P.2d 168, 172-80 (Alaska App.1985) (Singleton, J., concurring), petition for hearing granted (Alaska, May 6, 1985).

11
Engle v. Isaacgreen
scotus · 1982 · cited in 1 Alaska opinions naming this issue, 1982–1982
2 sentences

1982See also Engle v. Isaac, ___ U.S. ___, ___, 102 S.Ct. 1558, 1572 , 71 L.Ed.2d 783, 801 (1982) (extending the "cause and prejudice" requirement to post-conviction relief applications raising issues of constitutional error that affect the truth-finding function of trial). [2] See United States v. Frady, ___ U.S. ___, 102 S.Ct. 1584 , 71 L.Ed.2d 816 (1982) (holding plain error inapplicable in post-conviction relief proceedings under federal law).

1982See also Engle v. Isaac, ___ U.S. ___, ___, 102 S.Ct. 1558, 1572 , 71 L.Ed.2d 783, 801 (1982) (extending the "cause and prejudice" requirement to post-conviction relief applications raising issues of constitutional error that affect the truth-finding function of trial). [2] See United States v. Frady, ___ U.S. ___, 102 S.Ct. 1584 , 71 L.Ed.2d 816 (1982) (holding plain error inapplicable in post-conviction relief proceedings under federal law).

11
United States v. Fradygreen
scotus · 1982 · cited in 1 Alaska opinions naming this issue, 1982–1982
2 sentences

1982See also Engle v. Isaac, ___ U.S. ___, ___, 102 S.Ct. 1558, 1572 , 71 L.Ed.2d 783, 801 (1982) (extending the "cause and prejudice" requirement to post-conviction relief applications raising issues of constitutional error that affect the truth-finding function of trial). [2] See United States v. Frady, ___ U.S. ___, 102 S.Ct. 1584 , 71 L.Ed.2d 816 (1982) (holding plain error inapplicable in post-conviction relief proceedings under federal law).

1982See also Engle v. Isaac, ___ U.S. ___, ___, 102 S.Ct. 1558, 1572 , 71 L.Ed.2d 783, 801 (1982) (extending the "cause and prejudice" requirement to post-conviction relief applications raising issues of constitutional error that affect the truth-finding function of trial). [2] See United States v. Frady, ___ U.S. ___, 102 S.Ct. 1584 , 71 L.Ed.2d 816 (1982) (holding plain error inapplicable in post-conviction relief proceedings under federal law).

11
Johnson v. Stategreen
alaska · 1973 · cited in 1 Alaska opinions naming this issue, 1978–1978
2 sentences

1978"The diminished capacity doctrine is based on the theory that while an accused may not have been suffering from a mental disease or defect at the time of his offense, sufficient to absolve him totally of criminal responsibility, the accused's mental capacity may have been diminished by intoxication, trauma, or mental disease to such an extent that he did not possess a specific mental state or intent essential to the particular offense." (footnote omitted) Johnson v. State, 511 P.2d 118, 124 (Alaska 1973).

1978“The diminished capacity doctrine is based on the theory that while an accused may not have been suffering from a mental disease or defect at the time of his offense, sufficient to absolve him totally of criminal responsibility, the accused’s mental capacity may have been diminished by intoxication, trauma, or mental disease to such an extent that he did not possess a specific mental state or intent essential to the particular offense.” (footnote omitted) Johnson v. State, 511 P.2d 118, 124 (Alaska 1973).

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 (5)

CaseCitedYears
Strong v. Williams green
alaska · 2018
1 sentence

2024Fisheries Entry Comm’n v. Carlson, 270 P.3d 755, 760 (Alaska 2012) (quoting Beal v. Beal, 209 P.3d 1012, 1017 (Alaska 2009)). 31 Strong I, 435 P.3d at 875 . 32 Smith v. CSK Auto, Inc., 132 P.3d 818, 821 (2006) (citing Plumber v. Univ. of Alaska Anchorage, 936 P.2d 163, 166 (Alaska 1997)). 33 Strong initially claimed that the superior court “mistakenly held that settlement and stipulation dismissing the 2010 lawsuit with prejudice was a final judgment on the merits.” But he later conceded that the settlement agreement “was a final judgment as to the [Williamses].” Therefore we do not address th

12024–2024
Johnson v. Zerbst green
scotus · 1938
2 sentences

1988A true waiver is "an intentional relinquishment or abandonment of a known right or privilege." Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938).

1988A true waiver is "an intentional relinquishment or abandonment of a known right or privilege." Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019, 1023 , 82 L.Ed. 1461 (1938).

11988–1988
Lemon v. State green
alaskactapp · 1982
2 sentences

1982The distinction between waiver and forfeiture is discussed in Lemon v. State, 654 P.2d 277 (Alaska App., October 29, 1982).

1982The distinction between waiver and forfeiture is discussed in Lemon v. State, 654 P.2d 277 (Alaska App., October 29, 1982). [1] See Wainwright v. Sykes, 433 U.S. 72 , 97 S.Ct. 2497 , 53 L.Ed.2d 594 (1977).

11982–1982
Wainwright v. Sykes green
scotus · 1977
2 sentences

1982The distinction between waiver and forfeiture is discussed in Lemon v. State, 654 P.2d 277 (Alaska App., October 29, 1982). [1] See Wainwright v. Sykes, 433 U.S. 72 , 97 S.Ct. 2497 , 53 L.Ed.2d 594 (1977).

1982The distinction between waiver and forfeiture is discussed in Lemon v. State, 654 P.2d 277 (Alaska App., October 29, 1982). [1] See Wainwright v. Sykes, 433 U.S. 72 , 97 S.Ct. 2497 , 53 L.Ed.2d 594 (1977).

11982–1982
Collison v. State green
del · 1938
2 sentences

1979Green, 2 A.2d 97 (Del. 1938), wherein it was held that a provision authorizing the governor to remove members of the State Industrial Accident Board "with or without cause" was upheld because of the absence of a constitutional requirement that a "term" be prescribed for the office.

1979Green, 2 A.2d 97 (Del.1938), wherein it was held that a provision authorizing the governor to remove members of the State Industrial Accident Board “with or without cause” was upheld because of the absence of a constitutional requirement that a “term” be prescribed for the office.

11979–1979

Where else courts name it

IL 64 (1889–2025) PA 60 (1902–2026) TX 54 (1913–2025) CA 42 (1921–2023) NY 37 (1852–2024) MI 28 (1912–2024) MD 23 (1947–2020) FL 20 (1963–2025) NJ 20 (1933–2022) MO 20 (1907–2022) CT 20 (1895–2021) WA 17 (1900–2026) WI 16 (1905–2023) IA 15 (1901–2014) AL 15 (1912–2017) CO 15 (1915–2026) GA 15 (1909–2018) LA 15 (1934–2017) MN 14 (1900–2017) KS 14 (1905–2018) SC 13 (1919–2019) OR 12 (1915–2022) AR 12 (1911–2008) IN 12 (1902–2010) NM 11 (1941–2021) OH 10 (1939–2026) NC 10 (1903–2024) UT 10 (1934–2025) WV 9 (1950–2024) KY 9 (1888–2026) WY 9 (1927–2019) AZ 8 (1965–2026) TN 8 (1930–2017) MA 8 (1851–2010) DC 8 (1975–2026) MS 8 (1962–2016) NE 8 (1943–2024) DE 7 (2013–2026) ME 6 (1905–2020) AK 6 (1978–2024) HI 6 (1996–2024) ND 5 (1966–2009) OK 4 (1962–2000) NV 4 (1968–2014) VT 4 (1930–2025) MT 3 (1899–2008) NH 3 (1990–2018) RI 3 (1918–1983) ID 2 (1933–1986) VA 2 (1996–2010) SD 2 (1934–1934) VI 2 (2015–2017)

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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