accused defense (District of Columbia) · Go Syfert
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accused defense in District of Columbia

6 District of Columbia opinions name it 1 courts 1972–2003 0 in the last five years

The cases below were cited by District of Columbia 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 (7)

CaseFollowedCited
Smith v. United Statesgreen
dc · 1971 · cited in 4 District of Columbia opinions naming this issue, 1976–2003
2 sentences

2003In defining “bona fide” in the criminal law context, we have concluded that “[a] bona fide belief must have some reasonable basis before an accused can claim that such a belief exonerates his behavior.” Hemmati v. United States, 564 A.2d 739, 745 (D.C.1989) (emphasis added) (quoting Jackson v. United States, 357 A.2d 409, 411 (D.C.1976)) (citation omitted); see also Gaetano v. United States, 406 A.2d 1291, 1293 (D.C.1979); Smith v. United States, 281 A.2d 438, 439 (D.C.1971) (“[a] bona fide belief must have some justification — some reasonable basis.”).

1979A bona fide belief must have some reasonable basis before an accused can claim that such a belief exonerates his behavior. [Citations and footnotes omitted.] In Smith v. United States, D.C.App., 281 A.2d 438 (1971), we upheld a conviction for unlawful entry where the defendant proffered that he was merely taking a shortcut.

34
Gaetano v. United Statesgreen
dc · 1979 · cited in 2 District of Columbia opinions naming this issue, 1989–2003
2 sentences

2003In defining “bona fide” in the criminal law context, we have concluded that “[a] bona fide belief must have some reasonable basis before an accused can claim that such a belief exonerates his behavior.” Hemmati v. United States, 564 A.2d 739, 745 (D.C.1989) (emphasis added) (quoting Jackson v. United States, 357 A.2d 409, 411 (D.C.1976)) (citation omitted); see also Gaetano v. United States, 406 A.2d 1291, 1293 (D.C.1979); Smith v. United States, 281 A.2d 438, 439 (D.C.1971) (“[a] bona fide belief must have some justification — some reasonable basis.”).

1989This court has repeatedly held, as the trial court in this case instructed the jury, that “[a] bona fide belief must have some reasonable basis before an accused can claim that such a belief exonerates his behavior.” Jackson v. United States, 357 A.2d 409, 411 (D.C.1976) (citation omitted), quoted with approval in Gaetano v. United States, 406 A.2d 1291, 1293 (D.C.1979).

22
Jackson v. United Statesgreen
dc · 1976 · cited in 2 District of Columbia opinions naming this issue, 1989–2003
2 sentences

2003In defining “bona fide” in the criminal law context, we have concluded that “[a] bona fide belief must have some reasonable basis before an accused can claim that such a belief exonerates his behavior.” Hemmati v. United States, 564 A.2d 739, 745 (D.C.1989) (emphasis added) (quoting Jackson v. United States, 357 A.2d 409, 411 (D.C.1976)) (citation omitted); see also Gaetano v. United States, 406 A.2d 1291, 1293 (D.C.1979); Smith v. United States, 281 A.2d 438, 439 (D.C.1971) (“[a] bona fide belief must have some justification — some reasonable basis.”).

1989This court has repeatedly held, as the trial court in this case instructed the jury, that “[a] bona fide belief must have some reasonable basis before an accused can claim that such a belief exonerates his behavior.” Jackson v. United States, 357 A.2d 409, 411 (D.C.1976) (citation omitted), quoted with approval in Gaetano v. United States, 406 A.2d 1291, 1293 (D.C.1979).

22
Hemmati v. United Statesgreen
dc · 1989 · cited in 1 District of Columbia opinions naming this issue, 2003–2003
1 sentence

2003In defining “bona fide” in the criminal law context, we have concluded that “[a] bona fide belief must have some reasonable basis before an accused can claim that such a belief exonerates his behavior.” Hemmati v. United States, 564 A.2d 739, 745 (D.C.1989) (emphasis added) (quoting Jackson v. United States, 357 A.2d 409, 411 (D.C.1976)) (citation omitted); see also Gaetano v. United States, 406 A.2d 1291, 1293 (D.C.1979); Smith v. United States, 281 A.2d 438, 439 (D.C.1971) (“[a] bona fide belief must have some justification — some reasonable basis.”).

11
Cureton v. United Statesgreen
dc · 1978 · cited in 1 District of Columbia opinions naming this issue, 1979–1979
1 sentence

1979However, the Court left undisturbed that fundamental principle which holds that pretrial identification or recognition of an accused by a witness in the absence of participation by the police or prosecution does not bring such identification within the ambit of the due process principles set *967 forth in Manson v. Brathwaite, supra. See Cureton v. United States, D.C.App., 386 A.2d 278, 287 (1978), and cases cited therein.

11
Landay v. United Statesgreen
ca6 · 1939 · cited in 1 District of Columbia opinions naming this issue, 1972–1972
1 sentence

1972As the Supreme Court stated in Beazell v. Ohio, 269 U.S. 167, 170-171 , 46 S.Ct. 68, 69 , 70 L.Ed. 216 (1925), “ . . . it is now well settled that statutory changes in the mode of trial or the rules of evidence, which do not deprive the accused of a defense and which operate only in a limited and unsubstantial manner to his disadvantage, are not prohibited . . . ” by the ex post facto clause of the Constitution and this includes statutes which change the “rules of evidence . . . so as to render admissible against the accused evidence previously held inadmissible.” Thompson v. Missouri, 171 U.S

11
United States v. Papworthgreen
txnd · 1957 · cited in 1 District of Columbia opinions naming this issue, 1972–1972
1 sentence

1972As the Supreme Court stated in Beazell v. Ohio, 269 U.S. 167, 170-171 , 46 S.Ct. 68, 69 , 70 L.Ed. 216 (1925), “ . . . it is now well settled that statutory changes in the mode of trial or the rules of evidence, which do not deprive the accused of a defense and which operate only in a limited and unsubstantial manner to his disadvantage, are not prohibited . . . ” by the ex post facto clause of the Constitution and this includes statutes which change the “rules of evidence . . . so as to render admissible against the accused evidence previously held inadmissible.” Thompson v. Missouri, 171 U.S

11

Distinguished, questioned or overruled (0)

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

Also cited on this issue (7)

CaseCitedYears
Hopt v. People of Territory of Utah green
scotus · 1884
2 sentences

1972As the Supreme Court stated in Beazell v. Ohio, 269 U.S. 167, 170-171 , 46 S.Ct. 68, 69 , 70 L.Ed. 216 (1925), “ . . . it is now well settled that statutory changes in the mode of trial or the rules of evidence, which do not deprive the accused of a defense and which operate only in a limited and unsubstantial manner to his disadvantage, are not prohibited . . . ” by the ex post facto clause of the Constitution and this includes statutes which change the “rules of evidence . . . so as to render admissible against the accused evidence previously held inadmissible.” Thompson v. Missouri, 171 U.S

1972As the Supreme Court stated in Beazell v. Ohio, 269 U.S. 167, 170-171 , 46 S.Ct. 68, 69 , 70 L.Ed. 216 (1925), “ . . . it is now well settled that statutory changes in the mode of trial or the rules of evidence, which do not deprive the accused of a defense and which operate only in a limited and unsubstantial manner to his disadvantage, are not prohibited . . . ” by the ex post facto clause of the Constitution and this includes statutes which change the “rules of evidence . . . so as to render admissible against the accused evidence previously held inadmissible.” Thompson v. Missouri, 171 U.S

11972–1972
White v. Butler green
scotus · 1898
2 sentences

1972As the Supreme Court stated in Beazell v. Ohio, 269 U.S. 167, 170-171 , 46 S.Ct. 68, 69 , 70 L.Ed. 216 (1925), “ . . . it is now well settled that statutory changes in the mode of trial or the rules of evidence, which do not deprive the accused of a defense and which operate only in a limited and unsubstantial manner to his disadvantage, are not prohibited . . . ” by the ex post facto clause of the Constitution and this includes statutes which change the “rules of evidence . . . so as to render admissible against the accused evidence previously held inadmissible.” Thompson v. Missouri, 171 U.S

1972As the Supreme Court stated in Beazell v. Ohio, 269 U.S. 167, 170-171 , 46 S.Ct. 68, 69 , 70 L.Ed. 216 (1925), “ . . . it is now well settled that statutory changes in the mode of trial or the rules of evidence, which do not deprive the accused of a defense and which operate only in a limited and unsubstantial manner to his disadvantage, are not prohibited . . . ” by the ex post facto clause of the Constitution and this includes statutes which change the “rules of evidence . . . so as to render admissible against the accused evidence previously held inadmissible.” Thompson v. Missouri, 171 U.S

11972–1972
Thompson v. Missouri green
scotus · 1898
2 sentences

1972As the Supreme Court stated in Beazell v. Ohio, 269 U.S. 167, 170-171 , 46 S.Ct. 68, 69 , 70 L.Ed. 216 (1925), “ . . . it is now well settled that statutory changes in the mode of trial or the rules of evidence, which do not deprive the accused of a defense and which operate only in a limited and unsubstantial manner to his disadvantage, are not prohibited . . . ” by the ex post facto clause of the Constitution and this includes statutes which change the “rules of evidence . . . so as to render admissible against the accused evidence previously held inadmissible.” Thompson v. Missouri, 171 U.S

1972As the Supreme Court stated in Beazell v. Ohio, 269 U.S. 167, 170-171 , 46 S.Ct. 68, 69 , 70 L.Ed. 216 (1925), “ . . . it is now well settled that statutory changes in the mode of trial or the rules of evidence, which do not deprive the accused of a defense and which operate only in a limited and unsubstantial manner to his disadvantage, are not prohibited . . . ” by the ex post facto clause of the Constitution and this includes statutes which change the “rules of evidence . . . so as to render admissible against the accused evidence previously held inadmissible.” Thompson v. Missouri, 171 U.S

11972–1972
Beazell v. Ohio green
scotus · 1925
2 sentences

1972As the Supreme Court stated in Beazell v. Ohio, 269 U.S. 167, 170-171 , 46 S.Ct. 68, 69 , 70 L.Ed. 216 (1925), “ . . . it is now well settled that statutory changes in the mode of trial or the rules of evidence, which do not deprive the accused of a defense and which operate only in a limited and unsubstantial manner to his disadvantage, are not prohibited . . . ” by the ex post facto clause of the Constitution and this includes statutes which change the “rules of evidence . . . so as to render admissible against the accused evidence previously held inadmissible.” Thompson v. Missouri, 171 U.S

1972As the Supreme Court stated in Beazell v. Ohio, 269 U.S. 167, 170-171 , 46 S.Ct. 68, 69 , 70 L.Ed. 216 (1925), “ . . . it is now well settled that statutory changes in the mode of trial or the rules of evidence, which do not deprive the accused of a defense and which operate only in a limited and unsubstantial manner to his disadvantage, are not prohibited . . . ” by the ex post facto clause of the Constitution and this includes statutes which change the “rules of evidence . . . so as to render admissible against the accused evidence previously held inadmissible.” Thompson v. Missouri, 171 U.S

11972–1972
International Ass'n of Machinists v. National Labor Relations Board green
scotus · 1940
1 sentence

1972As the Supreme Court stated in Beazell v. Ohio, 269 U.S. 167, 170-171 , 46 S.Ct. 68, 69 , 70 L.Ed. 216 (1925), “ . . . it is now well settled that statutory changes in the mode of trial or the rules of evidence, which do not deprive the accused of a defense and which operate only in a limited and unsubstantial manner to his disadvantage, are not prohibited . . . ” by the ex post facto clause of the Constitution and this includes statutes which change the “rules of evidence . . . so as to render admissible against the accused evidence previously held inadmissible.” Thompson v. Missouri, 171 U.S

11972–1972
Keig v. Lake Shore Athletic Club Members' Committee green
scotus · 1940
1 sentence

1972As the Supreme Court stated in Beazell v. Ohio, 269 U.S. 167, 170-171 , 46 S.Ct. 68, 69 , 70 L.Ed. 216 (1925), “ . . . it is now well settled that statutory changes in the mode of trial or the rules of evidence, which do not deprive the accused of a defense and which operate only in a limited and unsubstantial manner to his disadvantage, are not prohibited . . . ” by the ex post facto clause of the Constitution and this includes statutes which change the “rules of evidence . . . so as to render admissible against the accused evidence previously held inadmissible.” Thompson v. Missouri, 171 U.S

11972–1972
United States ex rel. Karpathiou v. Schlotfeldt neutral
scotus · 1940
1 sentence

1972As the Supreme Court stated in Beazell v. Ohio, 269 U.S. 167, 170-171 , 46 S.Ct. 68, 69 , 70 L.Ed. 216 (1925), “ . . . it is now well settled that statutory changes in the mode of trial or the rules of evidence, which do not deprive the accused of a defense and which operate only in a limited and unsubstantial manner to his disadvantage, are not prohibited . . . ” by the ex post facto clause of the Constitution and this includes statutes which change the “rules of evidence . . . so as to render admissible against the accused evidence previously held inadmissible.” Thompson v. Missouri, 171 U.S

11972–1972

Statutes the citing opinions construe

DC § D.C. Code § 22-3102 (3)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 441 (1876–2025) IL 98 (1898–2025) GA 66 (1900–2021) PA 56 (1897–2024) LA 54 (1959–2022) TN 53 (1992–2020) OH 42 (1876–2023) AL 39 (1881–2023) CA 38 (1928–2023) MD 33 (1942–2026) WV 29 (1923–2023) MS 26 (1884–2025) KS 26 (1907–2024) FL 24 (1894–2023) VA 24 (1925–2025) NY 22 (1912–2026) CT 18 (1923–2011) WA 18 (1929–2021) SC 18 (1951–2026) IN 18 (1881–2010) MN 17 (1944–2016) MO 15 (1901–2017) WI 13 (1915–2022) AR 13 (1913–2021) NE 12 (1897–2025) NC 12 (1905–2025) IA 12 (1951–2021) NM 11 (1918–2009) UT 10 (1899–2025) OR 10 (1951–2014) MI 10 (1917–2018) CO 10 (1931–2020) MA 9 (1923–2026) NJ 9 (1950–2019) NV 8 (1967–2020) AK 8 (1970–2007) KY 8 (1922–1985) MT 8 (1955–2025) OK 8 (1926–1982) DC 6 (1972–2003) WY 5 (1983–2001) ND 5 (1921–2000) AZ 4 (1930–1996) RI 4 (1972–1987) PR 4 (1910–1969) VT 3 (1979–2006) HI 2 (1971–1986) DE 2 (1978–1994) ME 2 (1968–2024)

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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