correctness test (District of Columbia) · Go Syfert
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correctness test in District of Columbia

6 District of Columbia opinions name it 1 courts 1958–2023 1 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 (3)

CaseFollowedCited
Jamel Evans v. United Statesgreen
dc · 2015 · cited in 1 District of Columbia opinions naming this issue, 2023–2023
1 sentence

2023See generally Evans v. United States, 122 A.3d 876, 887 (D.C. 2015) (“We cannot affirm a criminal conviction on the basis of a theory not presented to the jury.”) (brackets, ellipses, and internal quotation marks omitted). 17 Third, the jury in this case was instructed that, for the purpose of determining whether Mr. Smith “injured” the complainants, “[i]njury means any physical injury, however small, including a touching offensive to a person of reasonable sensibility.” Mr. Smith acknowledges the correctness of that principle.

11
Howard University v. Cassellgreen
cadc · 1941 · cited in 1 District of Columbia opinions naming this issue, 1996–1996
1 sentence

1996D.C. 75, 81, 126 F.2d 6, 12 (1941) where dismissal of a complaint was held warranted because of limitations, in part because "the [defendant] never acknowledged the correctness of the claim or that it owed anything or that it would pay anything.” In that connection, Cunningham argued: Unlike Howard, in the present action there was no indication that Ernst & Young would not pay the entire balance owed Cunningham & Associates prior to September of 1991.

11
Lacy v. District of Columbiagreen
dc · 1980 · cited in 1 District of Columbia opinions naming this issue, 1983–1983
2 sentences

1983See ante at 1318; Morgan, supra, 449 A.2d at 1110-11 ; Lacy v. District of Columbia, 424 A.2d 317, 319-21 (D.C.1980).

1983See ante at 1318; Morgan, supra, 449 A.2d at 1110-11 ; Lacy v. District of Columbia, 424 A.2d 317, 319-21 (D.C.1980).

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 (4)

CaseCitedYears
California v. Hodari D. green
scotus · 1991
2 sentences

1991I also agree that the Supreme Court's recent decision in California v. Hodari D., ___ U.S. ___, 111 S.Ct. 1547 , 113 L.Ed.2d 690 (1991), may cast further doubt upon the correctness of the standard in Smith .

1991I also agree that the Supreme Court's recent decision in California v. Hodari D., ___ U.S. ___, 111 S.Ct. 1547 , 113 L.Ed.2d 690 (1991), may cast further doubt upon the correctness of the standard in Smith .

11991–1991
Lockhart v. Nelson green
scotus · 1988
2 sentences

1989The sole en banc issue was the correctness of the hearing division instruction to enter a judgment of acquittal rather than remand for a new trial. 1 After oral argument before the en banc court, and while the case was pending decision, the Supreme Court decided Lockhart v. Nelson, — U.S.-, 109 S.Ct. 285 , 102 L.Ed.2d 265 (1988).

1989The sole en banc issue was the correctness of the hearing division instruction to enter a judgment of acquittal rather than remand for a new trial. 1 After oral argument before the en banc court, and while the case was pending decision, the Supreme Court decided Lockhart v. Nelson, — U.S.-, 109 S.Ct. 285 , 102 L.Ed.2d 265 (1988).

11989–1989
Morgan v. District of Columbia green
dc · 1982
2 sentences

1983See ante at 1318; Morgan, supra, 449 A.2d at 1110-11 ; Lacy v. District of Columbia, 424 A.2d 317, 319-21 (D.C.1980).

1983See ante at 1318; Morgan, supra, 449 A.2d at 1110-11 ; Lacy v. District of Columbia, 424 A.2d 317, 319-21 (D.C.1980).

11983–1983
Melvin v. Melvin green
cadc · 1942
2 sentences

1958The only expression of doubt concerning the rule, which we have found, is contained in Melvin v. Melvin, 76 U.S.App.D.C. 56, 58 , 129 F.2d 39, 41 , where it was said: “Whether or not Underwood v. Underwood was right in holding that acts which are not a cause for a limited divorce cannot justify desertion, they may justify either a denial or an abatement of maintenance.” It will be noted that the expression of doubt was as to the correctness of the rule and not as to its existence.

1958The only expression of doubt concerning the rule, which we have found, is contained in Melvin v. Melvin, 76 U.S.App.D.C. 56, 58 , 129 F.2d 39, 41 , where it was said: “Whether or not Underwood v. Underwood was right in holding that acts which are not a cause for a limited divorce cannot justify desertion, they may justify either a denial or an abatement of maintenance.” It will be noted that the expression of doubt was as to the correctness of the rule and not as to its existence.

11958–1958

Where else courts name it

UT 232 (1882–2026) CA 87 (1861–2026) TX 79 (1879–2025) MO 64 (1840–1986) NY 60 (1834–2021) IL 41 (1870–2020) AL 41 (1843–2011) LA 34 (1828–2022) GA 32 (1895–2021) IA 28 (1862–1978) OK 28 (1899–1968) WA 28 (1894–2007) PA 24 (1885–2020) KS 23 (1883–1990) IN 22 (1865–1980) NE 22 (1893–1967) MI 20 (1859–2017) KY 20 (1891–1979) CT 17 (1902–2020) CO 16 (1881–2006) OR 15 (1887–2015) AR 15 (1852–1989) VA 13 (1877–1972) OH 13 (1869–2010) FL 13 (1913–2016) MT 11 (1887–2011) AZ 11 (1900–1999) MN 11 (1887–2010) NC 10 (1881–1989) WI 10 (1843–2009) MD 9 (1896–2025) NJ 9 (1879–2025) SC 8 (1922–1951) MA 7 (1871–2012) HI 6 (1902–2015) DC 6 (1958–2023) ID 6 (1894–2023) WV 6 (1887–2021) NV 6 (1867–1959) ND 5 (1905–2023) SD 5 (1916–1979) MS 5 (1895–1953) NM 5 (1921–1976) TN 4 (1921–1992) DE 4 (1924–1961) WY 3 (1974–1985) RI 2 (1910–1942)

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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