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6 District of Columbia opinions name it 1 courts 1986–2019 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.
| Case | Followed | Cited |
|---|---|---|
Hinnant v. United Statesgreen2 sentences2014The burden is on the party seeking the instruction to show that the evidence (1) was “likely to elucidate the transaction at issue” and (2) was “peculiarly available to the party against whom the adverse inference is sought to be drawn.” Tyer, 912 A.2d at 1164 (quoting Hinnant v. United States, 520 A.2d 292, 294 (D.C.1987)). 2014The burden is on the party seeking the instruction to show that the evidence (1) was “likely to elucidate the transaction at issue” and (2) was “peculiarly available to the party against whom the adverse inference is sought 33 to be drawn.” Tyer, 912 A.2d at 1164 (quoting Hinnant v. United States, 520 A.2d 292, 294 (D.C. 1987)). | 2 | 2 |
Garbincius v. Boston Edison Companygreen2 sentences1990Ralston Oil & Gas Co. v. Gensco, Inc., 706 F.2d 685, 692 (5th Cir.1983); Lang v. Texas & Pacific Ry., 624 F.2d 1275, 1277 (5th Cir.1980); Garbincius v. Boston Edison Co., 621 F.2d 1171, 1174 (1st Cir.1980). 1990Ralston Oil & Gas Co. v. Gensco, Inc., 706 F.2d 685, 692 (5th Cir.1983); Lang v. Texas & Pacific Ry., 624 F.2d 1275, 1277 (5th Cir.1980); Garbincius v. Boston Edison Co., 621 F.2d 1171, 1174 (1st Cir.1980). | 1 | 1 |
Jean Lang v. Texas & Pacific Railway Company and Missouri-Pacific Railroad Companygreen2 sentences1990Ralston Oil & Gas Co. v. Gensco, Inc., 706 F.2d 685, 692 (5th Cir.1983); Lang v. Texas & Pacific Ry., 624 F.2d 1275, 1277 (5th Cir.1980); Garbincius v. Boston Edison Co., 621 F.2d 1171, 1174 (1st Cir.1980). 1990Ralston Oil & Gas Co. v. Gensco, Inc., 706 F.2d 685, 692 (5th Cir.1983); Lang v. Texas & Pacific Ry., 624 F.2d 1275, 1277 (5th Cir.1980); Garbincius v. Boston Edison Co., 621 F.2d 1171, 1174 (1st Cir.1980). | 1 | 1 |
Ralston Oil and Gas Company v. Gensco, Inc., Gensco, Inc. v. Jack Ralston Oil & Gas Companygreen2 sentences1990Ralston Oil & Gas Co. v. Gensco, Inc., 706 F.2d 685, 692 (5th Cir.1983); Lang v. Texas & Pacific Ry., 624 F.2d 1275, 1277 (5th Cir.1980); Garbincius v. Boston Edison Co., 621 F.2d 1171, 1174 (1st Cir.1980). 1990Ralston Oil & Gas Co. v. Gensco, Inc., 706 F.2d 685, 692 (5th Cir.1983); Lang v. Texas & Pacific Ry., 624 F.2d 1275, 1277 (5th Cir.1980); Garbincius v. Boston Edison Co., 621 F.2d 1171, 1174 (1st Cir.1980). | 1 | 1 |
Paul Belton v. United Statesgreen1 sentence1986The burden is on the party seeking the instruction to convince the court “that there is evidence indicating the existence of a factual dispute.... [A]ny evidence, ‘however weak,’ will satisfy this requirement.” Rease, supra, 403 A.2d at 329 , citing Rouse, supra, 402 A.2d at 1221 and Day, supra, 390 A.2d at 962 ; see Belton v. United States, 127 U.S.App.D.C. 201 , 206, 382 F.2d 150, 155 (1967). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in District of Columbia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Tyer v. United States
green
2 sentences2019A party seeking an instruction to the jury regarding missing evidence must show that the evidence is "likely to elucidate the transaction at issue" and "peculiarly available to the party against whom the adverse inference is sought to be drawn." Tyer v. United States , 912 A.2d 1150 , 1164 (D.C. 2006) (citations and internal quotation marks omitted). 2014The burden is on the party seeking the instruction to show that the evidence (1) was “likely to elucidate the transaction at issue” and (2) was “peculiarly available to the party against whom the adverse inference is sought to be drawn.” Tyer, 912 A.2d at 1164 (quoting Hinnant v. United States, 520 A.2d 292, 294 (D.C.1987)). | 3 | 2014–2019 |
Test v. United States
green
2 sentences2010In Test v. United States, 420 U.S. 28, 30 , 95 S.Ct. 749 , 42 L.Ed.2d 786 (1975) (per curiam), the Supreme Court held unequivocally that such an unqualified right exists under the FJSSA. 2010In Test v. United States, 420 U.S. 28, 30 , 95 S.Ct. 749 , 42 L.Ed.2d 786 (1975) (per curiam), the Supreme Court held unequivocally that such an unqualified right exists under the FJSSA. | 1 | 2010–2010 |
Rouse v. United States
green
2 sentences1986The burden is on the party seeking the instruction to convince the court “that there is evidence indicating the existence of a factual dispute.... [A]ny evidence, ‘however weak,’ will satisfy this requirement.” Rease, supra, 403 A.2d at 329 , citing Rouse, supra, 402 A.2d at 1221 and Day, supra, 390 A.2d at 962 ; see Belton v. United States, 127 U.S.App.D.C. 201 , 206, 382 F.2d 150, 155 (1967). 1986The burden is on the party seeking the instruction to convince the court “that there is evidence indicating the existence of a factual dispute.... [A]ny evidence, ‘however weak,’ will satisfy this requirement.” Rease, supra, 403 A.2d at 329 , citing Rouse, supra, 402 A.2d at 1221 and Day, supra, 390 A.2d at 962 ; see Belton v. United States, 127 U.S.App.D.C. 201 , 206, 382 F.2d 150, 155 (1967). | 1 | 1986–1986 |
Day v. United States
green
1 sentence1986The burden is on the party seeking the instruction to convince the court “that there is evidence indicating the existence of a factual dispute.... [A]ny evidence, ‘however weak,’ will satisfy this requirement.” Rease, supra, 403 A.2d at 329 , citing Rouse, supra, 402 A.2d at 1221 and Day, supra, 390 A.2d at 962 ; see Belton v. United States, 127 U.S.App.D.C. 201 , 206, 382 F.2d 150, 155 (1967). | 1 | 1986–1986 |
Rease v. United States
green
2 sentences1986The burden is on the party seeking the instruction to convince the court “that there is evidence indicating the existence of a factual dispute.... [A]ny evidence, ‘however weak,’ will satisfy this requirement.” Rease, supra, 403 A.2d at 329 , citing Rouse, supra, 402 A.2d at 1221 and Day, supra, 390 A.2d at 962 ; see Belton v. United States, 127 U.S.App.D.C. 201 , 206, 382 F.2d 150, 155 (1967). 1986The burden is on the party seeking the instruction to convince the court “that there is evidence indicating the existence of a factual dispute.... [A]ny evidence, ‘however weak,’ will satisfy this requirement.” Rease, supra, 403 A.2d at 329 , citing Rouse, supra, 402 A.2d at 1221 and Day, supra, 390 A.2d at 962 ; see Belton v. United States, 127 U.S.App.D.C. 201 , 206, 382 F.2d 150, 155 (1967). | 1 | 1986–1986 |
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.